Over the course of our lives, our family members grow old and frail, and we leave them in the hands of nursing homes, expecting these establishments to care for our loved ones appropriately.
This trust is, however, sometimes breached in a very regrettable manner, such as causing death in the process.
It is, therefore, important to study the nature, causes, and consequences of wrongful death in nursing homes in order to safeguard the rights of senior citizens and to seek justice on behalf of the deceased.
Gaining Recognition of Wrongful Death in Nursing Homes
Medical negligence in a nursing home environment entails the unlawful killing of a patient by the nursing home staff or management.
This may occur due to different forms of abuse, neglect, or medical mishaps, such as denial of proper medical attention, physical abuse, lack of proper nutrition, lack of water, and unsuitable living conditions.
The effects are disastrous; it is not only the loss of the lives of the victims but also the families who are left behind, mourning their loss seeking justice for their loved ones.
Some of the Leading Causes of Wrongful Death in Nursing Homes
Medical Negligence:
Failure in the delivery of adequate health care service is one of the main reasons for wrongful death in nursing homes.
This comprises failure to diagnose or treat medical conditions appropriately, incorrect prescription of drugs and failure to give adequate medical care to patients as required.
For instance, if a resident is ill, say, he or she has pneumonia and does not receive necessary medical attention, the results could be deadly. In such cases, the families of the victim can file compensation against the nursing home with the help of a wrongful death lawyer.
Physical Abuse:
If physical maltreatment is inflicted by the staff of the nursing home or other residents, then injuries or even death may occur.
This involves physically assaulting the senior through violence such as beating, pushing, or using excessive force, making the victim too weak or too afraid to report the incident.
Such abuse may lead to bone fractures, internal injuries, and other severe complications that are life-threatening.
Neglect:
Abuse is when the staff of the nursing home does not offer the attention and care that the resident requires.
This can include not helping with basic tasks, not feeding the elderly, not helping them to take water or other fluids as may be required, and not helping the elderly to bathe or even dress up.
Prolonged neglect may result in several complications, including malnutrition, dehydration, bedsores, and infections, among others.
Taking Action: Measures to be taken for the Elderly
Preventing wrongful death of the elderly in nursing homes is not an easy task, but it calls for effort, advocacy, and action.
Here are some steps that families and loved ones can take: Here are some steps that families and loved ones can take:
Research and Choose Wisely:
When choosing a nursing home, be sure to compare the different options and go for a tour around the chosen facilities.
Search for online reviews, discuss with other residents or families of other residents, and check if the facility complies with the state and federal laws.
Stay Involved:
It is also important for families to visit their relatives or friends in the nursing homes often and to speak with the staff members frequently in order to make sure that their loved ones are being taken care of adequately.
This is because presence and involvement offer a natural barrier to overlooking signs of neglect or abuse.
Document Concerns:
Document any concern or event that may be witnessed or reported in the proper records. It can be invaluable if the case goes to court; the documentation can help provide essential evidence.
Report Suspected Abuse or Neglect:
If you have an indication that the elder is being abused or neglected, do not hesitate to report the same to the nursing home administration and other relevant authorities.
In most states, there are agencies that are specifically vested with the responsibility of investigating cases of elder abuse and neglect.
The Importance of Taking Legal Measures
Filing a legal case for wrongful death is not only an act of avenging the deceased and the family but also trying to stop other people from becoming victims of the same fate.
A report can also initiate a shift in the nursing homes’ practices and lead to enhanced residents’ rights and better care.
This conveys a clear message that abuse and lack of care for the vulnerable will not be permitted and that everyone requires care, respect, and protection.
The Role of Wrongful Death Lawyer in Such Circumstances
A wrongful death lawyer plays a crucial role in helping victims’ families navigate the complex legal process to secure compensation in cases of wrongful death in nursing homes.
Bix Tex Lawyers specializes in elder law and wrongful death cases, providing expert guidance on gathering evidence, filing claims, and representing the family’s interests in court.
They work diligently to establish negligence or abuse, demonstrating how the nursing home’s actions directly led to the resident’s death.
By handling legal complexities, negotiating settlements, and advocating for the family’s rights, wrongful death lawyers help ensure that justice is served and families receive the compensation they deserve for their loss and suffering.
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