When you select a nursing home for your loved one, you expect them to take the best possible care of your family member. In some unfortunate instances, nursing homes do not do the job that they are legally obligated to perform.
Whether they have made a conscious decision to put profits over people or they were just plain careless, nursing homes can sometimes injure their residents through their negligence. In a worst-case scenario, your loved one can die because of nursing home negligence.
In that case, you can file a wrongful death claim against the nursing home.
You Must Prove Negligence to Win a Wrongful Death Lawsuit
Like any personal injury case, a wrongful death claim against a nursing home requires that you prove that they were negligent. Their negligence is the “wrongful” part of the death. So long as the nursing home’s actions (or inaction) contributed to the death of your loved one, your family can receive financial compensation.
Here are some examples of things that can be considered negligence in a nursing home setting:
- Your loved one goes into septic shock and dies from a bed sore that has become infected.
- Your family member hit their head in a fall when the nursing home did not have an adequate fall prevention plan in place, or they did not implement the one that they had.
- Your family member dies from a urinary tract infection that develops when the nursing home does not frequently change them.
- Your loved one becomes dehydrated and malnourished because the nursing home does not follow regulations and feeding and hydrating them.
Nursing Homes Owe Your Loved One a Duty of Care
All of these situations above involve a common backdrop. The nursing home had a legal obligation to do what a reasonable nursing home would have done under the circumstances, and it failed to do so. If the nursing home’s actions were the cause of your loved one’s injuries, they could be made to pay in a wrongful death lawsuit.
There are a number of challenges that your family may face in filing a wrongful death lawsuit, including:
- Reconstructing the care that your family member received from the medical records that you were given
- Proving that the nursing home actually did something wrong because your loved one was unable to verbalize their concerns about their own care when they were alive, and they cannot testify today
- Showing that the nursing home’s negligence was the actual cause of your loved one’s death, instead of a prior health condition
Lawsuits Against Nursing Homes Require an Experienced Charleston Attorney
You need an attorney who has specific experience in nursing home lawsuits. The nursing home usually tries to throw up a wall of silence to thwart your lawsuit. You should have a determined and aggressive attorney who can investigate the circumstances of your loved one’s death and prove that the nursing home was responsible. Your attorney will need to work with medical experts to establish the cause of death for your loved ones and how the nursing home’s actions may have contributed to it.
A wrongful death lawsuit will pay your family the damages that you suffered by losing a loved one. You can be paid for the loss of the loving relationship with your loved one and for the grief and trauma that go along with tragically losing a family member.
The nursing home will be unable to get away with not paying for what they did to your family member, even though they are no longer alive. The estate of the deceased person will also file a survival action to make the nursing home pay for the harm and suffering that they caused to your loved one while they were still alive.
People who die from nursing home negligence often experience extensive pain and discomfort between the time that they suffered an injury and their death. These are all part of a survival action, and they can result in a large award of financial compensation. Depending on the circumstances of the death, you may even get punitive damages from the nursing home.
Although it may be emotionally difficult for your family, a wrongful death lawsuit is exactly how you can hold the nursing home accountable for what it did to your family member and get justice for what happened.
Contact a Charleston Wrongful Death Nursing Home Lawsuits Attorney Today
Trey Harrell Auto Accident and Personal Injury Attorney is not afraid to take on nursing homes, whether they are small chains or large conglomerates. We view them the same. If they did wrong to your loved one, they should be made to pay for what they did.
If your loved one dies under the care of a nursing home, you should speak to an attorney for a free consultation. You can reach us online or call us at (843) 636-TREY to speak with a lawyer.
Nursing Home Lawsuit FAQs
Can I get a settlement in my nursing home wrongful death lawsuit?
Many nursing home lawsuits will settle before they can go to trial, especially when the nursing home knows that it has significant potential liability.
Is it possible to prove my case after the wrongful conduct occurred?
Your lawyer can obtain medical records and work with experts to connect your loved one’s death to negligent care. In some cases, there is no doubt that your loved one’s injury was caused by negligence.
Should I report the wrongful conduct to the authorities?
Yes. Not only may the nursing home be punished, but a government investigation can help you get your hands on critical evidence that you need to prove your case.