Putting your loved one in a nursing home facility may reflect a big change in your life. This is not an easy decision to make. When your loved one must go into a nursing home, it could be for various reasons. Some people need to put their loved one in a nursing home because of physical issues or declining cognitive ability.
Whatever the case might be, you trust that the nursing home facility will be a place of comfort and help for your ailing loved one. So, if they should die while in a nursing home, you probably have many questions, especially if it was unexpected or sudden.
Nursing home facilities are supposed to be a place of comfort and rest for the residents. It is designed to provide the care the older adults need to live out their years peacefully.
The role of nursing homes includes:
- Helping residents with physical needs
- Assisting the elderly with getting bathed and dressed
- Medication management
- Taking people to appointments
- Giving residents nutritious meals
- Ensuring the residents have clean clothing and linens
When you find out that your loved one has died suddenly, it can bring great grief and anxiety. A San Diego death lawyer at Pintas & Mullins Law Firm will help you settle any disputes concerning the care your loved one received. If your loved one was neglected, abused, or a victim of medical malpractice, you have the right to file a wrongful death claim.
At Pintas & Mullins Law Firm, our team will research your case and look at the evidence to determine the next steps. Also, you do not have to worry about paying any fees upfront. We only collect a fee if we secure a settlement on your behalf.
Get started with a free consultation today by contacting us at (800) 842-6336.
Nursing Home Deaths
You might be wondering how death can occur in a nursing home if your loved one was perfectly fine. In other words, if there was no medical cause or problem, what could have gone wrong? If something did go wrong, how is the nursing home responsible?
There are various ways an older adult could lose their life in a nursing home. Here are some causes of wrongful death in a nursing home facility:
- Unsafe and unsanitary conditions
- Medication management errors
- Failure to treat or prevent infections
- Failure to treat or prevent bedsores
- Physical abuse by a staff member
- Physical violence by another resident
- Excessive restraint
- Failure to provide the assistance needed for regular tasks
As you can see, many different conditions could lead to a resident’s wrongful death. When nursing home staff does not take proper precautions, accidents can occur. Also, if residents are neglected, physical issues can worsen and lead to serious complications and death.
You have the right to expect recoverable damages for your losses when it comes to this situation. Nothing can return your loved one to you, but you can seek financial compensation for the damages incurred. Some of the losses are physical, and some are not, but still have a financial value.
Physical losses include such things as the following:
- Funeral expenses
- Burial costs
- Hospital expenses before the person died if applicable
- Any lost income the person had coming in
The non-physical losses include such things as the following:
- Loss of decedent’s companionship and care
- Loss of guidance the person may have provided
- Loss of consortium
For a free legal consultation with a Death Accidents Lawyer serving San Diego, call (800) 842-6336
People Who Can File a Case in a Nursing Home Death
You have the right to file a wrongful death claim when losing a loved one in a California nursing home. California Code of Civil Procedure (CCP) §377.60 outlines the parties that can seek compensation from a wrongful death case. These parties include:
- A surviving spouse or domestic partner
- The child or children of the deceased
- Parents or legal guardians
Other parties, like grandchildren, may be able to pursue a wrongful death case, but this varies based on the case. A lawyer can help you and your family determine who can file the wrongful death lawsuit.
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Statute of Limitations
When filing a suit against a nursing home facility, it must be done so in a timely manner. Each state operates by the statute of limitations. CCP §335.1 indicates that you have up to two years to make a wrongful death claim.
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Next Steps in a Wrongful Death Case
Although your world may feel like it is spinning out of control, take action by contacting a San Diego death lawyer. It can be difficult to move forward during this difficult time, but when you decide to put your case in your attorney’s hands, it can relieve some of the stress. Your attorney will know what steps to take, so you can focus on healing. You should not have to worry about the cost of burial and funeral expenses. You deserve to get full and fair compensation for this tragic loss.
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Connect with a San Diego Death Lawyer
At Pintas & Mullins Law Firm, we are here to fight for your loved one. We believe all people have the right to recover financially if they have been physically abused. No one is exempt from repaying for damages they have inflicted. Call to speak to a member of our team today for a free case consultation by calling (800) 842-6336.