When a person is negligently killed by another person’s neglectful acts, this is referred to as a wrongful death. An elderly person who is in a nursing home is at a higher risk to die from a medical professional’s mistake, especially since they might be already weak, to begin with. A wrongful death lawsuit can apply to many different situations, but nursing homes tend to receive claims against them because an elderly person is already at risk.
A lawsuit can be pursued with an wrongful death lawyer against a nursing home when a family member suspects that their loved one was wrongfully killed by the facility’s or medical professional’s negligence. The lawyer will help determine what was the exact cause of the victim’s death through investigations, medical reports, and expert medical professionals. As soon as suspicions arise about a medical professional’s incompetence towards their loved, prompt action should be taken against the responsible party’s.
Who Can Sue for Wrongful Death in A Nursing Home?
Wrongful death lawsuits are very similar to personal injury lawsuits, the only difference is that with a wrongful death lawsuit, the person who was directly injured cannot file a claim like in a personal injury suit. In this case, every state has specific laws as to who can file a wrongful death claim. In almost every state, the victim’s immediate family members are the ones who are allowed to file a wrongful death claim. Immediate family members include:
- Parents, and
In other states, different people are allowed to file a wrongful death claim. Some of those people include:
- Life partners
- Putative spouses(believe they are married), and
- Anyone who financially depends on the victim(extended family members)
Then there are some states where anyone can file a wrongful death claim as long as that person financially depended on them.
Wrongful Death in Nursing Home
Nursing home wrongful deaths can occur by either a wrong diagnosis, improper care, wrong medication, and even intentional abuse. Any of the above can be grounds for a wrongful death claim. In order to prove that an elderly person was wrongfully killed, the immediate family must gather information and any witnesses that may have seen the neglectful actions of the medical professional. When a nurse or facility do not provide adequate care to their residents, the elderly person can suffer disastrous repercussions.
Wrongful Death Attorneys Assisting Victims of Nursing Home Negligence
Nursing homes are supposed to be taking care of their patients. Nursing homes are often entrusted with loved ones who are not able to be taken care of by their family. No one ever expects their loved one to die wrongfully by the negligent acts of a medical professional. The firm of Percy Martinez located in Orlando, Miami and Tampa, FL will never stop fighting for the rights of wrongful death victims, no matter how old they are. The firm’s attorneys devote themselves to their clients 100 percent of the time and are always available to answer any concerns.