Nursing home wrongful death settlements and lawsuits provide justice when a person is victimized by substandard care in a nursing home facility. If a loved one dies because of harm they suffer in a nursing home, a wrongful death claim may be available.
Legal help for nursing home abuse causing wrongful death
Do you have concerns about the care a loved one received and the events surrounding their death? Are you ready to bring a claim for nursing home wrongful death? Contact Bobby Jones Law for a confidential consultation about your situation. We represent families who need help following a nursing home death.
As many as 16% of seniors in community care settings have experienced abuse. Nursing homes and long-term care facilities are places where abuse and neglect can occur. For these victims, the harm they experience can be fatal.
Lawyer Robert “Bobby” Jones provides legal help when nursing home abuse causes wrongful death. We can investigate and determine your right to claim compensation. We represent families and estates in bringing claims when abuse or neglect in a care facility results in a fatality.
Examples of Abuse That May Be Fatal to Nursing Home Residents
Nursing home wrongful death occurs when a person dies because of abuse or neglect in a care facility. Inadequate care that causes a death may meet the criteria for a wrongful death claim.
- Assault and battery
- Inadequate fall protection and fall risk mitigation
- Sexual abuse
- Confinement or restraints
- Leaving a person alone for long periods of time
- Poor nutrition
- Lack of medical attention, inadequate medical care
- Failing to administer medications
- Contamination and unsanitary conditions
- Deprivation of basic needs, neglect of food, clothing, shelter
Harm that leads to a wrongful death may be affirmative abuse like assault and battery. It can also be neglect in the form of failing to meet the needs of the resident. The standard is reasonable care given the prevailing standards and the unique circumstances and needs of the resident. If the failings of the care facility result in death, it is a wrongful death.
Nursing Home Wrongful Death Lawsuits and Compensation
Can you sue a nursing home for wrongful death?
When a wrongful death occurs in a nursing home setting, there may be a lawsuit for wrongful death. Surviving family members or heirs may qualify to bring a claim under South Carolina law.
What is the basis for a nursing home wrongful death claim?
The basis for a nursing home wrongful death claim is negligence, recklessness, or intentional conduct. To have a case, you must prove the following:
- Abuse or neglect occurred
- The victim suffered an injury that ultimately resulted in their death
- The abuse or neglect was the legal cause of the victim’s death
- Damages that are appropriate to pay in compensation
An additional claim – called a survival action – may also be appropriate. With Bobby Jones as your lawyer, we explore and pursue all avenues for compensation.
What evidence is used to prove a nursing home wrongful death?
Proving nursing home wrongful death means showing evidence of each element of the case. The case will likely require the presentation of detailed factual and scientific evidence. Things you may use to prove a nursing home wrongful death case include:
- Records of care provided, logs of activity in the nursing home
- Medical records, cause of death evaluation, and records
- Expert medical testimony to discuss and explain scientific information
- Witness testimony
- Information about regular practices and procedures, evidence that care deviated from regular or best practices
- Photographs
- Hiring and training practices of the care facility, records of shifts, and personnel
- Complaints relating to the facts of the case and any similar complaints made
- Inspections, licensing and reviews that may have been conducted
The exact evidence used to prove a case depends on the specifics of that situation. Each case must be customized. Proving a case begins long before a trial date. We will work diligently to gather records to show what happened, why the death occurred, and who is responsible.
Who can file a nursing home wrongful death case?
You may file a nursing home wrongful death case if you are the following in relation to the victim:
- Spouse
- Child
- Parent
- Heir
The executor or administrator brings the claim on behalf of the qualifying parties. While many people who live in nursing homes are elderly, there are reasons that a young person may be in long-term care. If they are the victim of wrongful death, their parents may be survivors who qualify to claim compensation.
Who qualifies depends on who survives the victim and their relationship to the victim. A lawyer can explain who may benefit from the case and how proceeds are divided.
Settlements for Nursing Home Wrongful Death
A settlement for nursing home wrongful death compensates survivors for the loss of their loved one. Any loss of life causes extreme suffering for survivors. Compensation should fairly reflect the loss that has occurred. A settlement is a negotiated resolution that does not require a trial.
What damages are awarded for a nursing home wrongful death?
Damages awarded in a nursing home wrongful death case may include:
- Medical bills for injuries that caused the death
- Funeral and burial expenses
- Lost wages (unlikely in a nursing home case, but possible)
- Pain and suffering for surviving family
- Loss of companionship and association
Punitive damages may be available if the death is the result of extreme misconduct. South Carolina law looks at the harm occasioned to each survivor because of the loss of their family member. (See S.C. Code § 15-51-40).
Legal Representation – Nursing Home Death Lawsuits
If your loved one has died because of misconduct in a nursing home, we are truly sorry. We want justice for your loved one and your family. People who live in nursing homes deserve special protection because they are vulnerable. When abuse and neglect occur, offenders should be held accountable.
A nursing home wrongful death settlement and a lawsuit may be appropriate. Having lawyer Bobby Jones and his team represent you can help you pursue your claim efficiently and completely. Contact us now for a consultation.
