Elderly residents, unfortunately, pass away in nursing homes; however, in some cases, their deaths are a result of either elder abuse or neglect. If your family member suddenly died in a nursing home under suspicious or unexplained circumstances, you may have the legal right to rile a wrongful death claim on their behalf in order to receive justice.
While receiving compensation in a claim will never bring back your loved one, pursuing legal action may hold the negligent parties responsible and perhaps prevent future deaths from occurring to other residents of the nursing home.
Additionally, the financial recovery you may receive from a settlement or court-awarded offer can help cover the costs of the funeral and other losses your family experienced after the passing of your loved one. You do not have to approach the legal process alone. You have the right to hire legal representation from the start.
If your elderly loved one died nursing home, and you believe the circumstances appear indicative of elder abuse or neglect, learn how a Newark death lawyer at Pintas & Mullins Law Firm can help you. Call us at (800) 201-3999 to understand if you have the legal right to file a wrongful death claim on behalf of your loved one.
Legal Responsibilities of Nursing Homes
The H.R.3545 – Omnibus Budget Reconciliation Act of 1987 has requirements for all nursing homes that receive Medicare or Medicaid funding to provide certain standards of care for their elderly residents. Additionally, it directly addresses elder abuse and works to fight any type of elder abuse or neglect throughout the country. It mandates that nursing homes provide a safe environment for those elderly residents living there and that any suspicion of elder neglect or abuse must be immediately reported to both federal and state agencies.
Understanding Wrongful Death Claims
Wrongful death claims are civil legal claims taken against a negligent party whose actions directly resulted in the death of another person. It is important to note that these are civil actions and not criminal cases. You have the legal right to pursue criminal charges against any person that you believe committed a crime or criminal act against your loved one.
Wrongful death claims apply when a person’s death occurred directly as a result of either abusive or negligent actions on the party of another entity or person, in this case, the nursing home.
Ultimately, the wrongful death claim indicates that a person would have lived a longer life, but the actions of the negligent party caused the person to die prematurely. If your elderly loved one did not appear to die of any natural causes, or due to a medical complication from an existing medical condition, you may consider whether or not the death was a result of either elder abuse or neglect.
For a free legal consultation with a Death Lawyer serving Newark, call (800) 794-0444
Nursing Home Abuse and Neglect
Nursing homes have a responsibility and duty to ensure that their residents receive both proper care on a daily basis, as well as provide supervision to ensure that residents remain safe. Everything from nutrition, assistance with daily tasks, personal hygiene, the proper preparation and administration of medication, and more must occur with a high degree of care to ensure that elderly residents remain safe and appropriately cared for within their nursing home setting.
Any circumstance of neglect, or even worse, abuse could directly result in the death of an elderly person in a nursing home, who already have more frail and fragile health overall. Examples of the nursing home staff failing to properly monitor, supervise and care for elderly residents may result in falls, bedsores, infections, dehydration, malnutrition, bruises, fractured or broken bones, signs of physical abuse, signs of sexual abuse, choking, or reactions due to the distribution of improper or incorrect medications.
If the nursing home does not have strong or believable reasons regarding your loved one’s death, and you feel suspicious that the death of your loved one was directly due to either negligence or abuse from the nursing home staff, learn how a Newark death lawyer at Pintas & Mullins Law Firm can help you through the legal process.
Newark Death Lawyer Near Me (800) 794-0444
Wrongful Death Lawsuits
Filing a wrongful death lawsuit on behalf of your elderly family member may provide you with the compensation you need to pay any outstanding medical bills incurred as a result of the abuse or neglect or pay for funeral expenses.
Additionally, if an investigation determines that your elderly loved one died as a result of elder abuse and neglect, a wrongful death claim can act as a preventative from this ever happening to another resident of that nursing home again.
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Learn How a Newark Death Lawyer Can Help You
Your loved one had a right to receive proper attention and care as a nursing home resident. The entire reason that families make the difficult decision to place their elderly loved one in a nursing home is so that they will receive the proper care and attention they need for a better quality of life. If you remain suspicious that your elderly loved one’s death was the result of either elder abuse or neglect, learn how a Newark death lawyer can handle your case.
Call Pintas & Mullins Law Firm at (800) 201-3999 to determine if you qualify to file a wrongful death claim on behalf of your loved one and how you can ensure that your legal rights remain protected.