Wrongful Deaths in Nursing Homes
Many people rely on nursing homes to care for elderly relatives. Family members deserve to know their loved ones are well cared for in a nursing home facility. Unfortunately, nursing home negligence and abuse are widespread problems that can result in illness, injury, or death.
When a nursing home resident would still be alive had they received proper medical treatment or had not been subject to neglect or abuse, it is a wrongful death. Surviving family members of nursing home wrongful death victims can work with lawyers at Chanfrau & Chanfrau, which serves the Daytona Beach, FL, and Palm Coast, FL, areas to file a claim against liable parties.
Causes of Nursing Home Wrongful Deaths
Nursing home residents rely on staff to provide for their basic needs and monitor their overall well-being. Several types of misconduct, abuse, or neglect can result in wrongful death. Some causes of nursing home wrongful deaths include:
- Malnutrition
- Dehydration
- Medication errors
- Assault
- Lack of fall prevention measures
- Untreated medical conditions
- Bed sores
- Uncontrolled or untreated infections
Who Is Liable for Nursing Home Wrongful Deaths?
Many people may be liable for a nursing home wrongful death. Depending on the circumstances behind the death, liable parties may include staff members, nursing home administrators, third-party caregivers, or other residents. In many cases, a lawsuit can be filed against the nursing home facility, since they are ultimately responsible for the care of their residents.
Who Can File a Wrongful Death Lawsuit?
In Florida, a wrongful death lawsuit can be filed by the personal representative of the deceased person’s estate. The personal representative may be named in a person’s will or estate plan or appointed by the court after the deceased’s death if they left no will or estate plan. While the lawsuit is filed by the estate’s personal representative, the claim is filed on behalf of the deceased’s dependents. Beneficiaries who may collect damages collected in a wrongful death lawsuit include:
- Spouse
- Children
- Parents
- Siblings
- Any relatives who were financially dependent on the deceased
Potential Damages in a Wrongful Death Case
No amount of money can make up for the loss of a family member, especially when the death was unexpected and preventable. Still, surviving loved ones deserve to be compensated for the emotional and financial losses related to wrongful death.
The amount of a wrongful death settlement depends on the types of damages suffered by the deceased’s estate and survivors of the deceased. In a wrongful death lawsuit, the court may award the following types of damages:
- Health care and medical costs
- Loss of income or benefits
- Funeral and burial costs
- Pain and suffering of the deceased
- Loss of consortium (loss of companionship)
- Punitive damages (may be awarded to punish the nursing home facility and discourage similar behavior in the future)
Contact Our Practice
If you have lost a loved one as a result of nursing home negligence or abuse, lawyers at Chanfrau & Chanfrau in the Daytona Beach-area can work on your behalf to hold liable parties accountable for wrongful death losses. To discuss the details of your case, contact our law firm and request a consultation.
