Nursing home wrongful death cases are more common than you think
Making the decision to move a loved one into a nursing home is not an easy one. It can be very difficult and emotional for all involved. But, the reasoning behind this decision is to ensure your loved one will get the type and quality of care needed to continue to live a happy and healthy life when they are no longer able to safely live at home or in an assisted facility.
However, too many of the deaths occurring in nursing homes are not the result of natural causes, but are due to neglect, abuse, or even misconduct on the part of staff members. A survey taken of nursing home residents has indicated that as many as 44% of respondents claim to have been abused at some time during their residency. The abuse can take the form of physical, sexual, or psychological abuse, or financial exploitation.
Negligence and abuse of elderly residents in nursing homes can result in devastating and tragic consequences, including nursing home wrongful death. When a person dies due to the actions, conduct, or behavior of another individual(s), agency, or organization, it is considered to be wrongful death. And, unfortunately, wrongful death in a nursing home occurs far too often.
California laws are on your side
Nursing home residents are dependent upon the staff for the basic essentials such as food, water, and medicine. They rely on them to assist with personal hygiene and to make their safety a top priority. They depend upon them to provide adequate medical care.
Wrongful death in a nursing home happens when the facility’s staff either fails to provide proper care for a patient or intentionally causes harm to that patient. Some of the more common causes of nursing home wrongful death include:
- Physical abuse
- Repeated falls
Additionally, negligence occurs if doctors at the nursing home fails to diagnose and/or properly treat the illness of a patient. This can also occur when nurses, who work in direct contact with residents, fail to notify doctors or family members about significant changes in the behavior and/or health of the patient. Another result of negligence can be the misuse or overuse of medicine.
California laws about wrongful death state that a case can be maintained if an individual dies as a result of the negligent or intentional misconduct of another. California’s wrongful death statutes provide the decedent’s heirs the right to claim for the losses they have suffered as a result of the wrongful death of their loved one.
Free consultation with an attorney
If your loved one died in a nursing home, and you suspect that negligence or abuse was the cause, it is critical that you consult with an experienced personal injury attorney. Gregory Yates, wrongful death attorney in Los Angeles, has more than 40 years of experience when it comes to litigating nursing home wrongful deaths and other types of personal injury cases.
Call our office to schedule a free consultation.