When Is a Nursing Home Responsible for a Resident’s Death?

 Posted on November 30, 2020 in Neglect

Because many nursing home residents are elderly or in poor health, nursing home deaths are not uncommon. Often, a nursing home resident simply dies of old age or succumbs to his or her illness. However, there are some situations in which a nursing home resident’s death is preventable. If you have lost a loved one who was living in a nursing home, you may be unsure of whether your loved one’s death was caused by poor care or neglect. If a nursing home’s wrongful or negligent actions lead to a resident’s death, the surviving family members have the right to bring a wrongful death claim against the facility.

How Do I Know If My Loved One’s Death Was a Wrongful Death?

A wrongful death occurs when a party’s negligent, careless, or wrongful actions lead to a person’s death and, had that person survived, he or she would have been entitled to bring a wrongful death claim against the party. It can be very difficult to know whether a nursing home resident’s death was avoidable. A wrongful death lawyer may use a variety of strategies to investigate a nursing home resident’s death. Often, medical records, staff schedules, photos and videos of the nursing home facility, witness statements, incident reports, and the nursing home’s policies and procedures are used during a wrongful death investigation. Some signs that your loved one’s death may be a wrongful death include:

• Nursing home staff failed to provide necessary medical care in a timely manner.
• Your loved one was not consistently receiving his or her medications.
• Your loved one suffered from malnutrition or dehydration.
• Your loved one had bedsores or other signs of neglect.
• Your loved one had injuries caused by physical abuse.
• The nursing home did not report your loved one’s fall or other injury-causing accident.
• The nursing home failed to transfer your loved one to an appropriate facility when he or she needed a higher level of care.
• The nursing home failed to prevent wandering, elopement, or resident-on-resident violence.

Bringing a Wrongful Death Claim Against a Nursing Home

If your loved one passed away due to negligent care in a nursing home, there is no legal action that can truly make up for this tragic loss. However, a wrongful death claim against the nursing home can help hold the facility accountable for the wrongful death. It may also allow you to recover financial compensation for the losses resulting from the death. You could be entitled to compensation for funeral and burial costs, medical expenses, and your own mental anguish and grief.

Contact a Chicago Nursing Home Negligence Lawyer

If you suspect that your loved one’s death may have been a wrongful death, contact Schwartz Injury Law. Call 312-535-4625 today for a free, no-obligation consultation with one of our skilled Cook County wrongful death attorneys. Our team will work hard to help you seek the full justice that you and your family deserve. 

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/31.00.pdf