What Do You Need To File A Wrongful Death Suit Against A Nursing Home?

Law Blog

Many families entrust their loved ones to nursing homes to ensure their health and safety. Unfortunately, these homes are frequent sites of elder abuse and neglect.If you believe that your loved one died as the result of malpractice in a nursing home, you may be entitled to compensation for your loss. With the help of a wrongful death attorney, you will have the best chance to present your case and seek justice for your family member. 

Documenting Signs of Elder Abuse

Often, a wrongful death in a nursing home is the result of long-term neglect. Collecting previous evidence of elder abuse that may have contributed to your loved one's death will strengthen your case in court. It is, however, not always possible to demonstrate a history of mistreatment. In these cases, you may be able to secure medical documents or witness testimony to support your claim. Your wrongful death attorney can work with you and the nursing home to gather the necessary documents.  

Distinguishing Willful Abuse and Negligence

There are generally two types of wrongful death claims made against nursing homes. Willful abuse occurs when a staff member assaults or otherwise harms a patient intentionally. Neglect can manifest as malnutrition and dehydration, as well as infections and bed sores. Abuse may be more noticeable and easier to establish in a suit. Neglect cases will likely rely on the opinion of a doctor or coroner regarding cause of death. Your attorney can discuss the specifics of the case with you to decide which charges will be most appropriate. 

Determining the Strength of Your Case

Once you have considered all of these factors, your attorney can offer an opinion on the case's merit. If you have strong evidence of abuse or neglect, you can begin to discuss reasonable compensation for your loss. This number varies on a case-by-case basis. The circumstances of your loved one's death and your local court system will determine the final requested figure. 

Seeking Justice for Your Loved One

It is common for civil suits against nursing homes to be settled out of court. Your attorney may reach out to the nursing home to reach an agreement without dragging both sides into a costly lawsuit. If the nursing home is unwilling, however, you will need to proceed with your case in court. Don't let the negligence and cruelty of others rob you of your family member and leave you saddled with the bill. Contact your local wrongful death attorney to discuss the merits of your case today. 

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10 July 2017