If a person is living in a nursing home and dies due to direct negligence, abuse or neglect of the nursing home, then the immediately family members can bring about a wrongful death claim against the nursing home. This is possible even if the deceased was ailing or old. The fact that the direct actions of the nursing caused the untimely death of the person is cause enough to bring a claim for wrongful death.
It has been seen that in several cases where an inmate of a nursing home has died, the death could have been prevented if correct standard of care was adopted. However, under normal circumstances, for the family members it is practically impossible to prove the correct standard of care was not adopted. That is why in suspicious cases, family members are advised to take help of experienced lawyers who can investigate the death and see whether a claim for wrongful death can be put up against the nursing home.
As more and more senior citizens and their families are making use of nursing homes, wrongful death claims against nursing homes have been increasing steadily. Some of the injuries that are commonly seen in nursing homes that result in the inmates' death are bedsores, malnutrition, dehydration, assault, abuse, injuries caused due to use of restraints and wandering off without supervision. Other things like heat stroke and hypothermia can also result in death of an inmate.
It is necessary to note that a thorough investigation is required to prove that a person's death was caused due to the negligence of the nursing home. A death certificate will not give any proof of neglect or abuse. It will just state the cause of the death which could have been brought about due to neglect or abuse.
The laws concerning wrongful death claim against nursing home vary from state to state, and only a qualified attorney can advise you what you could be entitled to. Hence, it is imperative that you consult an attorney to get correct advice on how to go about the case.
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