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Nursing Home Wrongful Death Lawsuit

When a senior is committed to a nursing home, it’s done with the intention of finding a safe place for that senior to live. Nursing homes are supposed to provide a safe environment for a senior. With round the clock medical attention and caregivers at the ready, it’s hard to imagine a more safe environment for a senior to live. Sadly, this isn’t always the case. Some nursing homes are so large that the staff could lose track of some residents and let them slip through the cracks. Other times, staff can just be negligent. The results could be devastating.

Has one of your loved ones died an unnecessary death in a nursing home? If so, contact an elder abuse lawyer to discuss your potential case today.

Wrongful deaths in nursing homes can be avoided but unfortunately still happen. In fact, a recent study by The National Center on Elder Abuse suggests that as many as 36% of nursing homes violate elderly abuse laws. Studies also suggest that this number will increase over time. Usual causes for wrongful death in nursing homes are:

• Physical abuse
• Misdiagnosis from a healthcare professional
• Neglect that results in malnourishment
• Neglect that results in overdose of medications
• General medication errors
• Staff unwilling to call in outside medical support for monetary reasons

Many cases of abuse and wrongful death are overlooked. Many loved ones never see the abuse because they do not know the signs to look for. Other times they may not see it because a senior may be too afraid, ashamed or unaware of abuse to report it to a loved one or law enforcement. Worst of all, in some cases, the senior or loved one may simply assume that a nursing home does everything right because it is a safe place to live.

The Federal Nursing Home Reform Act of 1987 requires that all nursing home residents, have a right to be free from verbal, mental, physical, and sexual abuse. If a nursing home failed to abide by this law, they may be liable for a lawsuit. The laws regarding elder abuse vary from state to state. In most states, reported abuses are investigated by a system of adult protective services. Some states may have a statute of limitations. It is important to act quickly if you suspect foul play in a loved one’s death.This form of neglect is unacceptable. It does not and should not be tolerated.

If someone you love has died because of neglect in a nursing home, you have a right to pursue legal action. Contact an elder abuse attorney in your local area today.

Did you know?
Elders who experience abuse have a 300% higher risk of death when compared to those who are not abused.