If your loved one recently passed away due to someone else’s negligence, the last thing you want to think about is how to handle a potential legal battle while you are grieving the loss of a loved one.
If you lost a loved one who was living in a nursing home, there is a chance that his or her death was preventable. If you believe your loved one’s death happened as a result of someone else’s abuse or neglect in a nursing home, Pintas & Mullins Law Firm can help. Call us for a free consultation today.
Nursing Home Rights for All Residents
All American citizens who live in a nursing home have rights and protections under the law from the first day of living there. The Illinois Department on Aging provides a comprehensive list of rights and protections.
- Good care for physical and mental health.
- Freedom from all forms of abuse.
- Participation in care that meets your needs.
- Independent financial management.
- Medicaid and Medicare application.
The nursing home living experience is intended to maintain the independence, autonomy, and dignity of your loved ones, while easing the burden of care from your immediate family.
Disregard for any of these basic rights can lead to elder abuse or neglect, which according to the National Center on Elder Abuse is all too common. Unfortunately, nursing homes are often overstaffed and overworked, which can lead to higher instances of elder abuse and neglect.
When Elder Abuse Leads to Death
If your loved one passed away in a nursing home, you may regret not acting on suspected elder abuse sooner. Do not assume burden or blame for the death of your loved one. Elder abuse comes in many forms, and the consequences of small, repeated instances of abuse can add up.
There are many ways that abuse and negligence in a nursing home can lead to death. Some examples of easily overlooked situations include:
- Inappropriate use of medications: This applies to over-the-counter drugs and prescription medications. If a nursing home staff member used medications to cause injury, pain, impairment, or distress, this could be the cause of your loved one’s death.
- Lack of response after injury: Any delayed reactions to disruptions in a nursing home resident’s normal physical, cognitive, emotional, social, or financial health can be distressing enough to accelerate death.
- Use of Restraints: Physical or chemical restraints make an individual unable to break free from one position or state of mind. In some cases, excessive use of restraints can cause death.
Legal Claims After Death in a Nursing Home
When you work with Pintas & Mullins Law Firm, a Stickney death lawyer will review your case and advise you on which legal claims could make the most sense for your needs. You may have one of the following civil claims:
- Wrongful death: You can make a wrongful death claim on behalf of your deceased loved one, if their death was unnecessary. The statute of limitations, or your limit on time for making a claim, is usually two years.
- Medical malpractice: If your loved one’s death is due to the negligent practices of a medical professional, like a nurse, doctor, or licensed medical aide, you may have a medical malpractice claim. In Illinois, you typically have two years.
This is a non-exhaustive list of claims you may be able to consider. Criminal claims against a nursing home are possible but less frequent than civil court claims. In the event of a law-breaking offense that caused intentional injury and death to your loved one, you may be able to file a criminal case against the liable nursing home.
Our Stickney death lawyers will handle your claim with a facts-first approach in mind. We can explain each step of the litigation process to you, guiding you through your best legal options and what to keep in mind along the way.
Evidence for a Nursing Home Abuse Case
Regardless of the type of case you are filing against a nursing home in pursuit of a financial award for your loved one’s death, our evidence collection process is thorough. We will consider all potential causes of the death by investigating nursing home staff and procedures and seek repeated instances of neglect or abuse.
Additionally, we will review your loved one’s medical records and consult with experts in senior healthcare. This detailed process will help us seek justice for the pain and suffering you endured due to the death of your loved one.
For a free legal consultation with a Death Lawyer serving Stickney, call (800) 794-0444
Our Stickney Nursing Home Death Lawyers Can Help You
If your loved one senselessly passed away, do not let the liable party get away with it. You can begin working on a case to hold the nursing home and all involved parties liable for their actions.
Losing a loved one is hard enough on its own; do not feel as though you must handle the litigation process alone, too. Begin working on your case when you call Pintas & Mullins Law Firm today.