Nursing Home Wrongful Death Attorneys
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The statistics on elder abuse are staggering. For example, nearly 10 percent of people over 60 suffer some form of elder abuse. Additionally, half of all nursing home attendants have admitted to abusing or neglecting elderly patients at some point in their careers. The most common document physical impacts of elder abuse include: welts, wounds, bruises, dental issues, head injuries, broken bones, bedsores and burns. Elders who experience abuse have a 300 percent higher risk of death when compared to those who have not been abused. If your loved one has passed away due to injuries sustained by nursing home abuse, contact The Carlson Law Firm to speak with a Nursing Home Wrongful Death Lawyer.
We have more than 40 years of experience working to protect vulnerable populations. Wrongful death occurs when the negligence or carelessness of one person causes the death of another. The Carlson Law Firm has extensive experience in handling wrongful death cases associated with medical malpractice and nursing home abuse and neglect.
Who can Bring a Nursing Home Wrongful Death Claim?
The laws on who can bring a wrongful death claim vary from state to state. In some cases, the wrongful death claim belongs to the surviving immediate family members. Other states require that an Estate is opened in the name of the deceased individual. Either way, having a nursing home wrongful death lawyer who is experienced in preparing and pursuing wrongful death cases is crucial.
The following parties can sue in the event of nursing home wrongful death:
Immediate family members: Spouses, children of the deceased and parents of unmarried children are all considered immediate family. Immediate family members can sue in all states.
Life Partners, Putative Spouses, and Financial Dependent: In some states, when the deceased was the financial provider, dependent are allowed to bring wrongful death suits. Life partners may qualify.
Financial Sufferers: Some states allow people who have suffered financially because of a wrongful death to file a lawsuit.
What is Nursing Home Wrongful Death?
Typically, negligence by a long-term care facility or nursing home leads to wrongful death. When a resident dies because of intentional injury, it can be devastating to loved ones. Additionally, cases can involve the wrong diagnosis, incorrect medication or care that lead to death are equally devastating.
Other forms of neglect or abuse include:
Physical Abuse: When a resident suffers physical harm at the hands of staff or other caregivers. Examples include hitting, pinching, overuse of constraints and lack of physical care.
Sexual Abuse: Residents receiving unwanted sexual attention or exploitation are victims of sexual abuse. Residents who are unable to consent or suffer from dementia are at risk for abuse.
Psychological Abuse: Mental abuse is hard to identify, however, residents experiencing this form of abuse may have behavioral changes. Examples include yelling, criticizing, humiliating or generally shaming of residents.
Neglect: Inadequate staffing leads to unintentional neglect. Neglect occurs when a resident’s most essential needs, such as personal hygiene, clean clothing or nutritional needs are not met. Unfortunately, neglect can worsen problems and lead to a number of medical conditions. Bedsores, skin infections, malnutrition, and dehydration are all examples of what happens when residents are neglected.
Resident to Resident Abuse. Nursing home residents should be protected from other residents. Resident to resident abuse occurs when residents suffer abuse physically, sexually or mentally from other residents.
Most of these types of abuse can aid in the death of elder residents in nursing homes. If you suspect your loved died because of any of the preceding, contact a nursing home wrongful lawyer to discuss your case. The Carlson Law Firm can provide you with the answers you need to decide if a nursing home wrongful death case is right for you.
What is Willful Deprivation?
Willful deprivation is one of the more disturbing forms of abuse. This kind of abuse requires a nursing home staff member to knowingly deprive a resident of basic needs. Willful deprivation can be withholding any of the following:
- Medical care
- Therapeutic device
- Other physical assistance
Further examples of willful deprivation can include broken eyeglasses or frames, signs of physical restraints like rope marks or drug-induced restraints. Nurses and other staff members can inflict these types of abuses to intentionally make a resident suffer physically, mentally or emotionally. Our elders should spend their final years in relative comfort. When this doesn’t occur, their family has the right to seek compensation for wrongful death. Call our firm today to speak with a nursing home wrongful death lawyer today.
Warning Signs your loved one is suffering abuse
In the long-term care industry, wrongful death cases come from a number of issues. Nursing homes are required to ensure that they are adequately staffed by people who can provide proper care to their residents. But in most wrongful death cases, the underlying cause is nursing home abuse and neglect. The following are signs that nursing home abuse was the cause of your loved one’s death:
- Broken bones or fractures,
- Bruising, cuts or welts
- Frequent infections
- Mood swings
- Emotional Outbursts
- Refused to Speak
- Refused to eat
- Unexplained weight loss
- Refused to take medications
- Poor physical appearance
- Lack of cleanliness
- Changes in mental status
- Caregivers do not want the patient left alone with others
- Sudden death
Fighting for justice in a wrongful death case can be a complicated undertaking. But you don’t have to face the nursing home’s team of attorneys alone. The Carlson Law Firm has Ernest Tosh, the leading nursing home wrongful death lawyer in the industry. We can help you get the compensation you deserve when elder abuse or neglect led to the death of your loved one.
Proving Nursing Home Wrongful Death
Wrongful death cases are civil cases against a negligent party responsible for the death of another person. In nursing home wrongful death cases, the victim’s family are the ones who file a civil lawsuit. A nursing home wrongful death lawyer from The Carlson Law Firm can help you prove that a nursing home’s negligence or abuse is responsible for your loved one’s death. Generally, there are three factors that your attorney will need to prove:
- Duty of Care: The nursing home owed the victim a duty of care.
- Beach of Duty of Care: The conduct of staff, caregivers or other healthcare professionals contributed to the death.
- Causation: The nursing home’s negligence resulted in the death of the resident.
It is important to note that in some cases, a family can bring civil charges against a person for the intentional death of a family member or loved one.
How Is Compensation Handled In Nursing Home Wrongful Death Cases?
Generally, family members or beneficiaries bringing a wrongful death claim must demonstrate that their loved one died as a result of the defendant’s negligence. Additionally, the surviving family members or beneficiaries must prove that they are entitled to monetary damages as a result of the defendant’s conduct. Often family members can collect for the pain and suffering experienced by the decedent before death as well as lost wages and loss of companionship (sometimes called “loss of consortium”), to name just a few.
Depending on the type of injury your loved one suffered, the types of recoverable damages include:
- Mental anguish
- Loss of earning capacity
- Lost inheritance
- Loss of household services
- Lost care, support, guidance, or counsel
- Loss of love or companionship
Wrongful Death Lawsuit Statute of Limitations
Every state sets certain time limits, called the “statute of limitations,” on bringing wrongful death lawsuits. The general rule is that a family has to file a lawsuit within two years of the date of the misconduct that caused the death of the victim. By contacting a nursing home wrongful death lawyer you can figure out the specific statute of limitation in your state. There are a few rare and limited exceptions that apply to this rule. But the best practice is to file a wrongful death lawsuit before the statute of limitations deadline has passed. Because wrongful death claims are complex matters, it is best to talk to a wrongful death lawyer as early as possible to allow time to investigate and properly bring the claim before the deadline.
How a Carlson Law Firm Nursing Home Wrongful Death Lawyer Can Help
Sadly, elder abuse is a growing problem. Generally speaking, more lawyers are finding themselves representing a growing number of unsuspecting families in wrongful death cases. Nursing home wrongful death can leave you questioning if you did something wrong. You didn’t. Unfortunately, no amount of research or recommendation of a long-term care facility or nursing home can prevent your loved one from being hurt or fatally injured in a nursing home. We believe we have a duty to protect our most vulnerable populations. By contacting The Carlson Law Firm, you are doing more than seeking compensation—you are seeking justice. Together, we can help improve the conditions of nursing homes across the country. Our firm can help you prove that the nursing home you trusted with your loved one is the cause of their death. Furthermore, our firm can help you get the justice your deceased loved one deserves.
If you believe that a loved one may be the victim of nursing home neglect or abuse you should take action quickly and contact us to set up a free consultation with nursing home wrongful death lawyer. Someone from our team is available to speak with you 24 hours a day, 7 days a week.