When is a death in a nursing home a “wrongful death?” Many people think that individuals who go to nursing homes are sent there to pass away peacefully when their time comes. While some patients go to nursing homes to spend their last days on comfort measures only, that sentiment is not true for the majority of patients. Nursing homes and long-term care facilities are there to help the elderly live in comfort. Many individuals need help after a stroke, a fall, or some other injury. Nursing homes help people rehabilitate, and care for their residents in a variety of ways. However, in some cases, nursing homes, long-term care facilities, and their staff do more harm than good. If you suspect you or a loved one has been neglected or abused while in an assisted living facility, the experts at Goddard Law can help. Learn all about what’s considered wrongful death in West Virginia with the Clarksburg personal injury attorney today.
What is Wrongful Death in a Nursing Home?
Nursing homes, long-term care facilities, and assisted living facilities are charged with the care of your loved ones. However, when an elderly patient or resident dies due to harm or the negligence of the staff and administration, it may be considered a wrongful death.
Elder abuse is frightfully common. In fact, an estimated 5 million elders are abused each year, and a staggering 24 percent of nursing home residents have experienced at least one case of abuse, from assault to lack of care. When these actions (or inactions) lead to the death of a patient, it is considered a wrongful death.
Wrongful death in elder care facilities can be caused by a variety of factors, from employees neglecting patients to outright abuse and assault. It’s crucial to be aware of the signs and potential issues associated with nursing home abuse, such as poor training, underqualified employees and understaffing. If you or a loved one have been subject to elder home abuse or neglect in a nursing home or long-term care facility, you should contact a wrongful death attorney immediately.
Typical Signs of Nursing Home Abuse and Neglect
While nursing home abuse is unfortunately common, only 7 percent of cases are formally reported. It’s critical that you know the signs of nursing home abuse and neglect so can spot it before it gets worse.
Unexplained bruises or contusions
Lack of medical care
Untreated medical conditions
Can You Sue an Assisted Living Facility or Nursing Home for Elder Abuse?
When you leave a loved one in an elder care facility, they are responsible for providing adequate care for the individual. However, if the patient or resident suffers neglect, abuse, or wrongful death while under the supervision of an elder care facility, the wonders, administration, and staff may be liable. Immediate family members such as children, siblings, and spouses have the right to sue in all 50 states.
How Goddard Law Helps You File a Wrongful Death Claim
Nursing home wrongful death lawsuits can be extremely challenging and are often too much for a grieving family to handle. There are multiple steps involved that can make or break your case, from completing the proper paperwork in the required timeframe, to submitting comprehensive evidence supporting your claim. After initial preparation, the negotiations, mediations, and possibly trial are next.
It can be an exceptionally challenging time. If you’re considering suing an elder care facility for abuse, neglect or wrongful death, the wrongful death attorney at Goddard Law can help. Our Clarksburg attorneys help you navigate the complexities of elder abuse, liability, and litigation to recover the compensation you deserve. We will work with you every step of the way, from gathering evidence, to ensuring that the right paperwork is filed correctly.
If you believe your loved one may have suffered a wrongful death at a nursing home, call the nursing home abuse and neglect lawyers at Goddard & Wagoner PLLC. Our attorneys help families just like yours all over West Virginia, Ohio. Contact Dave Goddard and call at (304) 933-1411, or visit our website at www.GoddardLawWV.com.