Death is inevitable. However, if a loved one’s death results from negligence on the part of the nursing home staff, you deserve justice on their behalf. This is where a wrongful death lawsuit comes in.
Of course, no amount of compensation can pay for the indignity, neglect and suffering your loved one suffered due to improper care at the hands of the facility’s staff. However, this can help you get some closure on the matter. Besides, the suit can also help deter future abuses by the facility.
But first, what is wrongful death in a nursing home?
Basically, death is treated as wrongful if it is caused by someone else’s unlawful actions. In a nursing home setting, this can happen in different ways. And while some causes of wrongful death are straightforward, others may require extensive investigation to prove.
Here are some of the incidents that can lead to fatal injuries in a nursing home:
- Physical abuse: Any intentional acts or acts of omission that exposes the resident to injury and bodily harm can be classified as physical abuse. These can include violent acts such as hitting, shoving, kicking, pinching, slapping or pulling the resident’s hair. They can also include the use of restraints to confine or hold the victim while administering inappropriate medication.
- Bed sores: Bed sores are almost always an indication of neglect, and the victim can quickly develop gangrene and sepsis, which lead to amputations and — ultimately — death.
Pursuing damages following a loved one’s wrongful death
To pursue damages in a wrongful death claim, you need to bring your claim within California’s statute of limitations period. This means filing your claim within two years from the date of your loved one’s wrongful death. Filing your claim after the expiry of the statute of limitations period can lead to a denial.