Most of us turn to nursing homes when we have senior loved ones that have lived a long, fulfilling life. When you send your loved one to a nursing home, you expect that they will care for them and meet their daily needs, perhaps in a better way than you can.
When you get the news that your loved one passed on suddenly or suffered an accident or illness or condition that turns out to cost their life, you need to question the circumstances that led to the untimely demise. Nursing homes must treat all residents with dignity and provide sufficient nutrition, hygiene, and a safe environment. However, untimely deaths still happen due to the negligence of staff.
Wrongful death can happen due to various circumstances such as misdiagnosis, modifying or altering medical records to cover up abuse, neglecting a resident’s medical needs, assault, and failing to report injuries. If you suspect that your loved one died at the hands of a negligent or abusive nursing home, call a Salem Wrongful Death Lawyer.
Holding Nursing Homes Liable
Nursing homes have to abide by specific state and federal laws. While most facilities have operational challenges such as understaffing, there is no excuse for the negligent and unlawful actions that lead to wrongful death.
Sometimes, you may notice that your loved one suffers from unexplained or unusual injuries, or they do not get the level of care detailed in the medical plan. After multiple complaints, the issue remains unaddressed, and your loved one finally suffers a heart attack or injuries that result in death.
Signs of abuse include:
- Unexplained weight loss
- Poor hygiene
- Malnutrition or dehydration
- Poorly maintained room
- Expressions of fear regarding the staff
- Unexplained injuries
- Insufficient medical documentation
If some of these issues remain unaddressed, they may lead to fatal conditions that should never have happened. Only an experienced personal injury lawyer can investigate such a case to determine the steps taken by the facility to guarantee the safety and health of your loved one.
Who Can Sue for Wrongful Death and What Damages?
In Salem, the administrator or executor for the decedent’s estate can file a lawsuit on behalf of the deceased family member. They may be children, parents, or a spouse. You can recover a variety of damages, such as:
- Medical expenses related to the fatal injury or final illness
- Financial compensation for the dependents of the deceased
- Funeral expenses
- Loss of love, care, counsel, and guidance
- Pain and suffering if they went through suffering before death
- Punitive damages if the defendant showed gross negligence
The cases can vary significantly in terms of damages depending on the economic circumstances of the decedent, the reasons for their death, whether or not they had dementia or physical incapacity, and the conduct of the facility and its staff that contributed to the loss of life.
Contact Youd Law
Nursing homes present an option for you to make sure that your aging loved one receives the care they need after a long, fulfilling life. Nursing homes have to stick to federal and state laws, and they must be held liable when they fail to.
If the negligent actions of the nursing home staff have resulted in the death of your loved one, call an attorney to file a wrongful death claim.