Nursing home residents often are the most frail, vulnerable members of society. Natural death is common in long-term care facilities. However, a wrongful death in a nursing home could lead family members to file lawsuit. When a nursing home resident passes away, how can you tell if it was a wrongful death? Nursing homes are required to provide a certain level of care. When they fail, family members may seek compensation for their loss.
What can be considered ‘wrongful death’?
When someone dies because of another person’s actions, it can be considered a wrongful death. The other person could cause the death because of careless driving or an intentional act like an assault or murder. Negligence can be considered another cause of wrongful death.
What might nursing homes do that could lead to the wrongful death of a patient?
‘Neglect’ means a facility’s failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident.
In addition to neglect, residents of nursing homes may be assaulted or abused by staff, visitors, and other residents.
Even dying as the result of an accident may lead to a wrongful death claim.
When can a wrongful death lawsuit be filed against a nursing home?
A claim might be made if a resident dies because of the action or inaction of the staff or management. This is true even for assaults by other residents or by visitors. A long-term care facility is expected to provide a safe environment for its residents.
Have You or a Loved One Been Injured in a Nursing Home?
If you suspect nursing home neglect or abuse, get help immediately. Reporting the injury may prevent additional injuries, preserve your loved one’s rights, and safeguard evidence.
At Osvaldo Rodriguez, PC, we have over 20 years’ experience helping clients with nursing home injuries and neglect. Schedule a free initial consultation with Osvaldo Rodriguez, a lawyer who has dedicated his career to assisting people like you. Just call us at 708-716-3441 or fill out the Contact form on our website. We represent clients throughout the state of Illinois, including Cook, DuPage, Will, and Kane Counties.
Mr. Rodriguez is fluent in both Spanish and English.