California Auto Accident, Personal Injury and Wrongful Death Attorneys

Nursing Home Negligence Resulting in Death

by | Jun 6, 2020 | Firm News

Nursing Home Negligence Resulting in Death

The death of a loved one is the greatest loss a person can experience. This loss is magnified when you discover the death could have, and should have, been prevented. Unfortunately, many cases have occurred in which someone loses a family member due to negligence happening in a nursing facility responsible for that person’s care. When you suspect a wrongful death of your loved one occurred in a nursing home, you need to seek legal assistance. Please consider the following to help your counsel in handling the case.

It is important to establish what occurred as quickly after the death as possible. If you suspect your relative was improperly cared for and this negligence resulted in fatality, evidence is essential. Details regarding the death are essential in proving negligence. You can help your legal representative discover answers to these questions:

What and How? You need to discern the information regarding your loved one’s death.This, of course, would include the official recorded “cause of death” as well as all the details you can discover regarding “how” the death happened. Was there a fall? A cardiac event? An infection that resulted in death? Document all information given by nursing home representatives to share with your attorney. Talk to caregivers and any other witnesses, if possible, and write down what they say. Request all medical records and other accounts of your family member’s care.

Where? You and your counsel need to know where the death actually happened. Did it occur in the facility itself? If so, exactly where? Perhaps the death occurred in the patient’s own room, or the cafeteria, community room or somewhere on the grounds. In cases where a fall occurred, note whether there were hazards present in the area such as spills, debris or clutter.

When? While you can likely find out the date and time when your family member died, try to ascertain what happened in the critical days or hours preceding death. This information might shed additional light on possible neglect or abuse of the deceased. Was the death sudden and unexpected? Try to discover a timeline of events that led up to your loved one’s passing.

Who? Who was present in the time directly preceding the death. Was anyone present when the person  expired or became critically ill or injured? Your attorney will likely want to compose a list of witnesses which should include these people. Discover not only who employed by the facility was present during this time period but who else, such as other patient’s and their visitors, were nearby. These people could possibly have key information to your case.

Why? This is a key question in cases of nursing home negligence. What circumstances contributed to your loved one’s passing. For example, was there a medication error that caused a heart attack or stroke?, did staff neglect to properly care for pressure sores which led to infection?, was your loved one not monitored or properly secured and suffered a fall? Or did something else happen such as an assault of your family member by a facility employee? Many cases are complicated and require diligence in ascertaining exactly why death occurred.

When you lose someone you love due neglect or abuse occurring in a nursing home, you have the legal right to justice. Those who failed to care properly for your family member should be held responsible. This includes compensation for  funeral expenses and medical costs preceding the death. It is also extremely important  to help prevent the facility’s negligence from recurring. The law firm of Freeman and Freeman urge you to  contact us with your concerns.