Generally, a wrongful death occurs when a person dies as a result of the negligent conduct of another. Wrongful death in nursing homes usually occurs due to abuse or neglect, as well as other elderly care misconduct situations. A majority of wrongful death claims which are filed involve nursing home abuse and neglect.
Causes of wrongful death in nursing homes
Wrongful death in nursing homes may occur due to the following:
- Lack of adequate resident supervision
- Assault and abuse
- Unsanitary conditions
- Neglect of resident’s basic needs
- Medication errors
Who can sue for wrongful death in nursing homes?
Laws governing nursing homes vary from state to state. However, there are a number of interested parties who may be allowed to sue in the event of the wrongful death of an elder. The parties who are allowed to sue are called the “real parties in interest” and may include:
Immediate family: Immediate family members, such as spouses, children of the deceased, and parents of an unmarried child are all considered immediate family in wrongful death claims and are allowed to sue.
Distant family members: Depending on the state, distant family members like brothers, sisters and grandparents may also be qualified to bring a wrongful death claim.
Life partners, putative spouses and financial dependents: In some places, those who were formerly financially dependent on the deceased may be allowed to bring a wrongful death claim. Putative spouses and life partners also may qualify to bring a claim.
Anyone who suffers financially: In some states, parties who have suffered financially as a result of the wrongful death of the deceased may be allowed to file a claim.
Getting legal help in a nursing home wrongful death case
If your loved one has been the victim of wrongful death in a nursing home, a nursing home abuse attorney will be able to help you. At Finkelstein & Partners, LLP, we help nursing home abuse victims and their families obtain justice and receive financial compensation for their injuries. Call us at 1-800-529-2676 or email at [email protected].