What Is A Wrongful Death Case?
“Wrongful death” is a term that commonly applies to a lawsuit brought against a nursing home by the family of a deceased person related to the facilities negligence. In a wrongful death lawsuit, the victim’s survivors are entitled to monetary damages as a result of the improper conduct.
A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligently liable for the victim’s death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death.
Commonly Encountered Causes Of Wrongful Death Lawsuits In Nursing Homes
The underlying basis for a wrongful death lawsuit against a nursing home may include the following:
- Bed sores / Pressure sores Pressure ulcers Decubutis ulcers
- Dehydration
- Malnutrition
- Medication errors
- Burns
- Infection
- Abuse
- General neglect
- Improper medical care
How To Begin The Process Of Investigating A Potential Wrongful Death Lawsuit Involving A Nursing Home Patient
Many states have separate ‘wrongful death’ causes of action. In some cases, the laws applicable to wrongful death cases differ substantially from general ‘personal injury’ laws. Consequently, it is important to speak to a lawyer who regularly handles wrongful death cases to keep apprised of your legal rights.
About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
