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 / Decubitus 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.
Related materials from Rosenfeld Injury Lawyers:
Acknowledging situations where ‘accidential’ or ‘suspcious’ nursing home deaths may have gone without any formal investigation, South Carolina officials are considering ways to effectively investigate these situations.
Under the current system in South Carolina, after a nursing home patient dies from ‘natural causes’ the body may be transferred to a funeral home without any involvement from the local coroner….
Perhaps one of the more frustrating aspects of my job is attempting to convey the value of a senior’s life to a defense lawyer, insurance carrier or jurors. Particularly, when evaluating the value of a nursing home or assisted living case, I find that people generally have a difficult time appreciating the significance of life’s later years.
Sure we can look at seniors and say, “Hey, he’s just an old geezer, maybe he had a another couple of decent years in him? What’s the big deal if he died today or tomorrow?” Alternatively, I suggest the value of our later days, months, and years really have more significance and value as many seniors gain a new perspective on life only when seeing the inevitable coming their way….
A report issued by the Minnesota Department of Heath has cited White Community Hospital and Nursing Home (Minnesota) for errors made by a nursing assistant during the transfer of a patient out of her bed.
The incident occurred when the CNA attempted to transfer a disabled patient from their bed to a wheelchair using a sling. During the transfer, the patient was dropped. The patient suffered a broken arm and leg which contributed to their death two days later….
A recently filed wrongful death lawsuit claims that clostridium difficile, or commonly known as C. Diff, is to blame for the death of a patient in an Illinois Nursing Home.
The lawsuit alleges two short-term stays at Helia Healthcare facilities (Helia Healthcare of Energy and Helia Healthcare of Benton) are to responsible for the man’s C. Diff infection and development of decubitus ulcers. It is further alleged that these medical complications contributed to the man’s death….
Deciding whether to have an autopsy performed on a loved one is indeed a very personal decision for a family to make following a death.
An autopsy can help a family get answers to not only the cause of death, and in the case of potential nursing home negligence, what– if any, errors may have been made by a medical facility that may have caused the death….
Falls in nursing homes are one of the biggest safety threats encountered by patients. Statistics tell use that more than one-third of all adults over age 65 fall unintentionally every year. A sizable percentage of these falls result in severe injury or death predominately due to complications from head injury or hip fractures.
Recognizing the severity of the problem, federal regulations require nursing homes to conduct a fall-risk assessment of all newly admitted patients both at the time of their admission and conduct similar follow up on a quarterly basis or when the patients health care needs dictate….
Aspiration pneumonia occurs when you aspirate foreign matter (usually food or vomit) into your lungs. Elderly adults are particularly susceptible to aspiration pneumonia because they are more likely to suffer from predisposing factors (including illness or disease that compromises the ability to swallow) or they might be too weak to cough, which can let foreign material enter the windpipe, allowing bacteria to enter the lungs. This can result in severe lung infections, which can require hospitalization, especially in older adults who are already weak because of age, illness, or disease...
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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…