When you place a relative under the care of a nursing home you are doing so with the belief that they will take good care and offer professional support to your loved one. By leaving them in their care, you are placing your trust in their hands. If the nursing home fails to live up to the expected standards and your loved one dies as a result, you may be able to sue for wrongful death. If you have questions regarding your rights after a loved one’s passing reach out to an experienced New Jersey wrongful death lawyer.
What is Wrongful Death?
Wrongful death is a legal claim that can be made when a person dies as a result of another individual or entity’s negligence or wrongful behavior.
- Neglect: Neglect can include staff failing to keep the resident fed, hydrated, medicated with the proper dosage and prescription, hygienic, etc.
- Medical malpractice: It is possible that there were errors in medical care like the way medications were administered, a failure to address certain conditions, or improper care in general
- Abuse: Unfortunately, nursing home abuse happens every day across the country. Physical, emotional, or sexual abuse by staff can lead to severe injuries, trauma, and even death.
Even if no adverse actions were taken against the individual, wrongful death can still occur. If the nursing home is understaffed, for example, a resident could receive poor or inadequate care not on purpose but because of the company’s circumstances.
Can I Sue a Nursing Home for Wrongful Death?
Yes, it is possible to sue a nursing home for wrongful death. Wrongful death can be caused by an intentional or negligent act. An intentional act is one done on purpose. This can include any assault or physical abuse that resulted in the individual’s passing.
A negligent act is one that is done without taking proper care. To sue a nursing home for negligent wrongful death, you must prove the following.
- Duty of care: You must prove that the nursing home owed a duty of care. This is easily demonstrated by your relative being a resident at the institution.
- Breach of duty: The nursing home breached its duty of care by failing to meet standards or acting with reckless disregard.
- Cause: You have to establish that the breach of duty directly caused or contributed to the resident’s death.
- Damages: Finally, you have to prove how you and your surviving family suffered damages as a result of your loss, like emotional suffering, loss of companionship, financial burdens, etc.
Whether you believe the wrongful death was intentional or accidental, it is crucial that you obtain evidence to support your claim. Work with an attorney to collect medical records, surveillance footage, eyewitness testimony, incident reports, expert testimony, and more. With the help of your lawyer, you can implement this information in an effective manner to prove wrongful death and obtain compensation.
