If your elderly loved one suddenly passed away in a nursing home and you suspect that some form of abuse or neglect by the nursing home occurred, you have the right to an investigation of the circumstances surrounding the death of your loved one. While the compensation resulting from a lawsuit will never ease the pain felt after the sudden loss of your loved one, pursuing legal action may help prevent future deaths from abuse or neglect from occurring to other elderly residents. If you suspect abuse or neglect led to your loved one’s death, contact a Forest View death lawyer at Pintas & Mullins Law Firm to help you with the next steps in your wrongful death claim.
Wrongful death refers to a legal claim that states that a person’s death proved avoidable if the negligent or abusive actions of another person or entity had not occurred. If an elderly resident of a nursing home dies as a result of abuse or neglect from a nursing home staff employee or administrator, their family has the legal right to pursue a wrongful death claim on behalf of their loved one. Wrongful death claims state that the death was avoidable and preventable, and if not for the negligence or abuse, the person would have lived a longer life. While many elderly residents do die while in the care of a nursing home, oftentimes, they pass away due to natural causes or due to medical complications. If their deaths happen suddenly, unexpectedly, or under suspicious circumstances, however, the family should consider investigating the nursing home to determine if abuse or neglect factored into their loved one’s death.
Examples of Nursing Home Abuse and Neglect Leading to Wrongful Death
Any circumstance of neglect or abuse could lead to an elderly person’s death in a nursing home. Frequent causes may include:
- Slips and falls.
- Unexplained broken or fractured bones.
- Signs of physical abuse or physical restraint.
- Symptoms of sexual abuse.
- Any type of sign of medical malpractice.
If suspicious or unexplainable circumstances surround your elderly loved one’s death, you can consult a Forest View death lawyer to ensure that your elderly loved one did not suffer from abuse or neglect leading to their death. If you have any reason to believe that the circumstances surrounding your loved one’s death may including nursing home neglect and abuse, contact Pintas & Mullins Law Firm to help you with your next steps in your wrongful death claim.
For a free legal consultation with an death lawyer serving Forest View, call (800) 794-0444
Nursing Home Laws
If your elderly loved one died due to either abuse or neglect as a resident of a nursing home, the nursing home may have violated several state and federal laws created specifically to protect the elderly. The Nursing Home Reform Act requires that nursing homes that receive any kind of Medicare or Medicaid funding provide the highest well-being for all of its residents. The Older Americans Act Reauthorization Act of 2016 defines elder abuse and provides financial assistance to many different programs throughout the country to fight elder abuse and neglect. The Elder Justice Act of 2009 also attempts to ensure that elderly residents remain safe in nursing homes and requires reports of any suspicion of elder abuse or neglect to appropriate federal and state authorities.
If your elderly loved one has not passed away, but you suspect that they suffer from elder abuse or neglect in a nursing home, you should immediately alert the management of the nursing home and also contact law enforcement to ensure your loved one’s safety.
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Consequences of Wrongful Death Lawsuits
While no amount of compensation can heal the grief of losing a loved one, a wrongful death lawsuit can benefit your family and others in many ways. First, if your elderly loved one suffered any medical bills or pain and suffering before they passed away, you may use the compensation to pay for the remaining medical bills or their funeral expenses.
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Statute of Limitations in a Forest View Wrongful Death Case
When you lose a loved one, you need time to properly grieve and come to terms with their absence. If you suspect nursing home neglect or abuse led to their passing, you have the option of hiring a lawyer to investigate and represent you in court in a wrongful death lawsuit while you recover from the pain of their avoidable death. The sooner you call a Forest View death lawyer, the sooner we can begin working on building a compelling wrongful death lawsuit.
The state of Illinois sets a deadline for bringing a wrongful death lawsuit with the Wrongful Death Act. Generally, the law allows you to file a suit within two years of the date of the passing. Some exceptions may allow more time, such as if the death occurred from violent and intentional harm.
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Consider Hiring a Death Lawyer Serving Forest View
Elderly residents do pass away in nursing homes for explainable reasons such as old age or medical conditions. If you feel, however, that your elderly loved one’s death stemmed from abuse or neglect on the part of the nursing home staff or management, you may have the legal right to pursue a wrongful death claim on their behalf. Contact a Forest View death lawyer at Pintas & Mullins Law Firm to help you determine if you should file a wrongful death claim against the nursing home for abuse or neglect.