A wrongful death in a nursing home has occurred if a resident has died due to the negligent or intentional actions of the staff or facility. Losing a loved one in a nursing home can be devastating, especially if it’s due to an unlawful death caused by negligence or misconduct. Hiring a wrongful death lawyer is important in helping you to understand all your options.
What is the Difference Between Wrongful Death and Medical Malpractice?
Wrongful death and medical malpractice often intersect, but they are not the same. For example, wrongful death occurs when someone’s negligence or intentional act causes death. Medical malpractice occurs if a healthcare provider deviates from standard practices, causing harm or death. In a nursing home, wrongful death may involve abuse, neglect, or other forms of misconduct. On the other hand, medical malpractice typically refers to errors in medical treatment or care.
What Is a Wrongful Death in a Nursing Home?
Wrongful death in a nursing home involves the death of a resident due to abuse, neglect, or improper care. This may include failure to provide medical attention, poor supervision, or unsanitary living conditions. Families often file a wrongful death lawsuit to hold the nursing home accountable. Hiring a lawyer for a wrongful death can help families during this complex process and to also seek justice for the death of a loved one.
What is the Legal Definition of Wrongful Death?
Wrongful death is defined as a death caused due to a wrongful act, neglect, or default of another person or entity. In a nursing home’s context, this may involve proving that the facility’s negligence directly caused the resident’s death. A wrongful death attorney can help gather evidence and build a strong case against the facility, if appropriate. Wrongful death lawsuits aim to provide compensation to the deceased’s family and to hold the responsible parties accountable.
What Causes Nursing Home Wrongful Death?
Several factors may lead to a lawsuit for wrongful death in a nursing home. A few of the most common factors in wrongful death cases include:
Neglect
Not providing necessary care, such as food, water, or medical treatment.
Abuse
Physical, emotional, or sexual abuse may occur via staff members or other residents.
Medical Errors
Medical errors happen due to incorrect medication(s) being provided, misdiagnosis of an ailment, or delayed treatment.
Poor Supervision
Inadequate monitoring often leads to falls, injuries, or wandering off.
Unsanitary Conditions
Dirty living conditions can cause infections or illness which can lead to death.
Understanding these different causes can help a family and their wrongful death lawyer build a solid case.
What Are the Elements of a Wrongful Death Claim?
Certain elements must be proven if you wish to succeed in a wrongful death lawsuit, such as:
Duty of Care
The nursing home has/had a responsibility to care for the resident.
Breach of Duty
A breach of duty happens if the nursing home does not meet its duty of care.
Causation
The breach of duty directly caused the resident’s death.
Damages
The death at hand has resulted in measurable damages, such as medical and funeral expenses, as well as the loss of companionship.
A wrongful death claim lawyer can assist in gathering all the necessary evidence and present it effectively in court.
Wrongful Death Nursing Home Settlements
Wrongful death nursing home settlements provide financial compensation to the deceased’s family. Nursing home wrongful death settlement amounts vary due to factors such as the severity of negligence, the extent of damages, and the strength of the case. A wrongful death lawyer near you can help negotiate a fair settlement in such instances.
Common types of compensation for wrongful deaths include:
Medical Expenses
Costs incurred before death.
Funeral Expenses
Costs of burial or cremation.
Loss of Income
Financial support that the deceased would have provided.
Pain and Suffering
Emotional distress caused by the loss.
Closing Thoughts on a Wrongful Death Lawsuit in Florida
Losing a loved one who resided in a nursing home is heartbreaking, especially when it involves wrongful death. Knowing the difference between wrongful death and medical malpractice can help you understand your best legal options. Reaching out to a wrongful death lawyer is always recommended to help you through each phase of the legal process while seeking fair justice.