Losing a loved one is heartbreaking. The pain becomes even worse if their death could have been prevented. If a family member passed away while living in a nursing home and you suspect negligence or mistreatment played a role, you might be wondering if you can file a wrongful death lawsuit.
The answer is yes. You can file a lawsuit under certain circumstances, which is why it is best to speak to a wrongful death attorney.
What Is Considered a Wrongful Death in a Nursing Home?
Wrongful death happens when someone dies because of another party’s negligence or wrongdoing. In the context of a nursing home, this could involve neglect, abuse, or failure to provide proper medical care.
For example, if a staff member did not monitor a patient’s medication or ignored serious symptoms, and that led to death, then the facility could be held liable. Nursing homes are legally required to provide a reasonable standard of care to residents. If they breach their duty and it leads to your loved one’s death, the surviving family may have a case.
Who Can File a Wrongful Death Lawsuit?
Wrongful death laws vary by state, but usually, close family members have the right to file a claim. This includes the deceased:
- Spouse
- Children
- Parents
- Relatives like siblings
In some cases, a legal representative of the estate may file on behalf of the surviving family members. People who have suffered direct financial losses, even if they are not related to the deceased, can also be eligible to file a wrongful death lawsuit. If you are not sure whether you have the legal right to file, speak to an attorney who will clarify your position based on state laws.
What Do You Need to Prove in a Wrongful Death Lawsuit?
Filing a successful wrongful death claim against a nursing home means proving the following important things:
- The nursing home owed your loved one a duty of care.
- They breached that duty through negligence, abuse, or medical mistakes.
- The breach caused your loved one’s death.
- Your family ended up suffering damages as a result of the loss.
Proving these elements requires solid evidence. Medical records, photographs, expert testimony, witness statements, and documentation of care can be used to back up your case.
What Compensation Can Be Recovered?
If your lawsuit is successful, you may be able to recover financial damages to help cover your losses. These might include
- Funeral and burial expenses
- Unpaid medical bills related to the final illness or injury
- Loss of companionship or emotional support
- Pain and suffering experienced by the victim before passing
In cases involving severe negligence or intentional harm, the court may also award punitive damages. This is to punish the nursing home and discourage similar future negligence.
When Can You File a Wrongful Death Lawsuit?
If you suspect negligence, it is best to file a wrongful death lawsuit right away. The statute of limitations ranges from 2 to 3 years from the time of death, depending on the state you reside in. However, there may be exceptions.
If you have already filed a case concerning negligence and the case is still open, you may be able to continue with a wrongful death lawsuit. This case is filed against the institution that was providing long-term care, insurance companies, or the parent companies that own and operate the facilities.
Conclusion
Filing a wrongful death lawsuit against a nursing home is a necessary step to take if you suspect negligence. It is important to consult a lawyer to determine if you have the right to file a lawsuit and ensure you don’t miss any deadlines.
