The wrongful death lawsuit is one of the complex legal aspects of the country. You must determine the party liable in a case of unjustified death before the judge, failing which your case will not proceed.
Nursing homes are some of the best places for your parent or even a loved one to spend their older days. There is so much to offer in such facilities, such as an environment for the elderly, a nutritional diet, other elderly people to share life experiences, and most importantly, access to professional care. It is for this reason that thousands of families in the United States have taken their loved ones to such facilities so they can enjoy their final days.
False death in a nursing home
In addition to the many benefits that elderly people access in nursing homes, there are some critical challenges that these institutions have always worked hard to resolve. These challenges include unjustified death, which has proven to be a point of discussion for many people.
The problem of unjustified death in a nursing home has proven to be a massive deterrent for the millions of elderly people who fear they may be affected by negligent and other negligence or commission.
Can you sue the nursing home for a false death?
Whether or not a care facility can be sued for wrongful death is a question that comes to mind to hundreds of people in the United States today. As a victim, you need to know that you can bring legal proceedings if your loved one unjustly dies in a care facility. It is important to emphasize that the success of the case depends to a large extent on the facts presented and the applicable nursing home laws in your state.
Elderly woman covering her face; Image by Cristian Newman via Unsplash.com.
However, you need to understand the time limits within which you must operate to legally sue for unlawful death. Some states require you to file a case within two years, while others may have a longer period of time to file the case after the person dies. Some people who can file a case are parents, children, and the deceased’s spouse. In the event of success, the remuneration areas include:
- Mental fear
- Pain and suffering of the deceased
- Loss of camaraderie
- Loss of financial support
- Funeral and funeral expenses
What can you sue for in the event of a false death in a care facility?
If you believe your loved one’s death was caused by neglect of the nursing home, you should speak to an attorney. Before filing a lawsuit, you want to determine what you can sue for.
Careless attitude and supervision
In the event of negligent recruitment and supervision, you must demonstrate that the person who caused the death in the care facility does not have the necessary qualifications to do the job of a care facility.
You can also indicate that the person causing the damage was not being professionally supervised by the nursing home, which resulted in death. Failure to conduct background checks and supervise the worker caused abuse, neglect and willful harm to the resident.
Bad health and safety guidelines
You can sue the care facility for poor health and safety policies and show that they directly impacted your loved one’s death. For example, a facility that is not kept clean and properly maintained can cause a fatal spread of disease that has caused death to your loved ones and other residents.
Medical care is one of the main responsibilities of a nursing home. If the care facility and medical team fail to provide customary or adequate medical care, they can be sued for medical misconduct. If the nursing home was unable to transport the patient to the nearest medical facility when the condition worsened, it is justified enough to file medical misconduct complaint.
What you need to know
The wrongful death lawsuit is one of the complex legal aspects of the country. You must determine the party liable in a case of unjustified death before the judge, failing which your case will not proceed. As a layperson, reaching this threshold is difficult if you are not represented by an unlawful death attorney in this case. Make sure you work with an experienced attorney to have the opportunity to handle this case beyond the hearing phase.