A nursing care facility should be a safe place. However, accidents do occur that can lead to serious injuries to a resident or residents. A nursing home can be held responsible for any accident that resulted from their negligent behavior.
A Nashville death lawyer from Pintas & Mullins Law Firm can explain your legal rights. For a free case evaluation, call (800) 842-6336.
Proving Negligence and Wrongful Death
According to the Centers for Disease Control and Prevention (CDC), unintentional injury death is the third leading cause of death in the United States. If an unintentional injury was caused by another party, you may be entitled to recovering compensation.
Wrongful death happens when someone is killed due to another person’s misconduct or negligence. In these instances, Tennessee law allows specific individuals to file a wrongful death suit. These persons permitted under Tennessee law include the deceased person’s:
- Child or the next of kin
- Personal representative
These individuals can provide first-hand accounts, including photographs and video surveillance from the nursing care facility that shows negligence. In many cases, the allegations are indefensible. Nursing home facilities are obliged to keep records of the clinical care they provide. Access to these records is possible, and they may provide invaluable evidence as to the level of care, or lack thereof, given to individuals.
A lawyer can use evidence provided by families, photographic and video evidence, together with medical records from the nursing home, as well as from third-party providers, including hospitals or general practitioners.
Wrongful Death Claim in Tennessee
According to the Tennessee Code of Sections law, a wrongful death claim must be filed within one year of the date of the person’s death. It is, therefore, important that you seek legal advice as soon as possible.
Tennessee is also governed by the Tennessee Healthcare Liability Act, which covers nursing home care abuse and neglect. It states that when there is any care given that is below the standard of care, that is considered abuse or neglect. The Healthcare Act, in conjunction with the Wrongful Death law, represents a potential legal basis for bringing a lawsuit against a nursing care home.
Employers also have the responsibility and owe a general duty of care for the welfare of their employees. This covers not just compliance with the Occupational Safety and Health Administration (OSHA) workplace safety standards, but also guidelines concerning working hours with adequate rest, not being forced to work when not feeling well, and protections against workplace violence and sexual harassment.
Note that improper training and improper use of deadly force by personnel would also be considered acts of negligence. This presents another legal avenue for recovering damages in the event of the loss of a loved one.
For a free legal consultation with a Nashville Death Lawyer serving Nashville, call (800) 842-6336
If negligence is proven, damages for wrongful death may include:
- Burial and funeral costs
- Medical expenses
- Pain and suffering
- Mental anguish
- Loss of support financially that may include lost income during the injury until death
- Expected future earnings of the deceased
Nashville Nashville Death Lawyer Near Me (800) 842-6336
Dealing with Insurance Companies and Going to Court
Pintas & Mullins Law Firm understands that the most effective method for dealing with systemic problems that occur in nursing homes and improve the standards of care may be through litigation. Furthermore, litigation provides an important economic incentive for a nursing home to prevent economic loss and enhance its patient care.
Bringing forth legal action involves bringing transgressions into the public sphere. It acknowledges publicly that you or your loved one has suffered as the result of negligence or subpar care provided by a facility or staff members who were responsible for providing a duty of care. Through this process, your efforts are contributing to eliminating these problems from happening to others in the future.
A Nashville death lawyer can help to build a case on your behalf. You can learn more during a free consultation with a member of our team.
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A Nashville Death Lawyer Understands Your Loss
We will prosecute any party that led to your loved one’s untimely death. We will not allow abuse or any form of discomfort to be tolerated. We work on a contingency basis in protecting your legal rights and will provide a voice for those living in a nursing home care facility who are disadvantaged.
If a loved one, family member, or friend died because of the negligent care they received while in the care of a nursing home, you may be able to pursue recovery of damages. We understand that there is no sum of money that can ever adequately compensate you for the wrongful death of a loved one. However, making a compensation claim can help you pay for funeral costs and other expenses which can occur when a loved one dies.
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Pintas & Mullins Law Firm Offers Sound Advice
Members of a family cannot always provide effective home care to aging and increasingly fragile family members. That’s why they entrust their loved one’s care to the professionals at a nursing home. We know you are devoted to your family members and want the best compassion, health care, and treatment for your loved ones. Unfortunately, in some cases, your loved one may have been treated inadequately, which resulted in their death.
A claim for a wrongful death resulting from the negligence of a nursing home can be complex. We can assist you by providing advice and legal support concerning your available options.
A Nashville Death Lawyer Can Help
If you think you have valid grounds to make a claim for the death of a loved one, having the right team of personal injury lawyers behind you can make the process easier. Our legal team at Pintas & Mullins Law Firm can work with you, providing you with the legal advice necessary as well as a compassionate approach to your case.
Call Pintas & Mullins Law Firm today at (800) 842-6336 for a free case evaluation. A Nashville death lawyer can make a difference in your case.