Can I Sue for a Wrongful Death Due to Nursing Home Neglect?
If you have lost a loved one in a nursing home, and you suspect that there might have been some negligence involved, immediately consult with an attorney that handles nursing home wrongful death cases.
It is in your and your family’s best interests to seek every possible avenue to get the justice you deserve. Taking legal action for a nursing home wrongful death is also your best shot at getting the compensation you rightfully deserve.
What Is Nursing Home Negligence?
Nursing home negligence occurs when a long-term care facility fails to provide the proper care for its patients. These may include everyday care and the health and wellness of their patients.
From hygiene to meals, medication, and regular health checks, the facility is responsible for carrying out these tasks with the utmost safety. They are also responsible for ensuring that the family is regularly updated on the patient’s condition, especially if the patient requires constant monitoring.
Unfortunately, this is not always the case. Due to various reasons, such as inexperienced or untrained staff, or general mismanagement of the facility, certain issues may arise that directly compromise the health and safety of the patient.
Nursing Home Wrongful Death
In severe cases, negligence can lead to death. Some of the more common examples of negligence that lead to wrongful death include medication overdose, wrong administration of medication, leaving patients that require support unattended, thus causing slips and falls, and more.
Families of patients who suffered from negligence should immediately consult with a Baltimore nursing home abuse lawyer to determine the facility’s liability.
Proving Nursing Home Wrongful Death
One of the most important reasons you should speak to a Baltimore nursing home neglect attorney as soon as possible is the statute of limitations. In most states, this case only has three years open as a window of opportunity. If you miss this window, you will no longer be able to file a case.
As for the evidence you need, you must be able to establish the following important elements:
- The nursing facility was legally bound by a contract to care for the patient.
- The nursing facility was in breach of said contract by engaging in acts that were dangerous and dangerous for the patient.
- The patient suffered from the facility’s harmful and dangerous acts, as alleged by the plaintiff.
Wrongful Death Settlement and Verdict
Wrongful death nursing home cases fall under the wider scope of personal injury cases. In most cases, facilities involved in this type of lawsuit would rather settle to keep it from going to trial. Depending on how strong the evidence is or how opposed they are to the notion of having a lawsuit, they may propose to settle instead – even if it costs them millions of dollars.
If the case goes to trial, it becomes riskier for the defendant because the court will then determine the liability. There have been cases when the jury set the compensation at millions of dollars because of how grave the proven negligence was.
This is also why it is important to have a lawyer representing you at the earliest instance. Hence, you can be guided on what to do in case of an offer for settlement.
Need a Legal Assistance?
The Law Office of Kim Parker P.A. is the best help you can get when seeking justice for your loved one’s wrongful death. They can develop a good strategy, especially finding evidence proving your negligence allegations.
As with any other lawsuit, this type of case will involve plenty of research and paperwork. The legal concepts are complex too. Add to that the anticipation of the defendants’ strategy, and you have plenty of work to deal with.
They are also there to make sure you will get the proper compensation you deserve, whether through a settlement or verdict. They will represent you at every point of the case, from strategy to gathering evidence, negotiations for settlement, and a trial.
Get in touch with a nursing home wrongful death lawyer as soon as possible. Do not miss this window of opportunity to get the justice you seek for your loved one.