When is a Nursing Home Responsible for Wrongful Death?

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nursing home responsible for wrongful death

It is a sad fact that nursing homes are sometimes at fault for the death of our loved ones. Our elderly family members go into nursing homes because they need full-time care. We entrust the nursing home staff to care for those who are most dear to us. Unfortunately, the places that are supposed to be warm and caring environments can instead lead to accidents that could turn fatal. 

In this article, we will discuss the details on how wrongful death issues occur in nursing homes. We will discuss the possible causes, what you have to prove with regard to a wrongful death case involving a nursing home, and the damages you can recover. There are several steps to determine whether a nursing home is at fault in a person’s death, and what the proper damages may be in connection with that wrongful death. This is where a wrongful death lawyer in Stuart, FL comes in. A good, caring lawyer is important.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact wrongful death lawyers in Stuart, FL at Crary Buchanan.  At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.  

Our wrongful death lawyers in Stuart, FL are passionate about giving you the highest quality representation.  Call us today at 772-287-2600, or schedule a free estate consult online with our online contact form.

1. What are the Common Causes of Wrongful Death in Nursing Homes?

It is sadly all too common that nursing home staff members are often under-trained, under-supervised, and under-paid.  That means that elderly patients are not always taken care of properly.  

Errors happen when administering medication.  This could be in the form of the wrong medication or an overdose of prescribed medicine. Both of these things can lead to death.  Another common problem in nursing homes is sepsis. Infections happen, and sometimes the cause of the infection can be traced to negligence of the nursing home staff.  

Other common causes of deaths in nursing homes include malnutrition, dehydration, pneumonia, falls, and even assault.

Proving these deaths are the fault of the nursing home and its staff can be labor-intensive and difficult. It is important to know how to navigate the court system in wrongful death cases and calling a wrongful death lawyer in Stuart, FL should be your first step.

2. What Do I Need to Prove to Show the Nursing Home was at Fault?

A court requires evidence that the nursing home was at fault for our loved one’s death.  There are certain legal hurdles to jump to do this:  

1. First, you must prove that the nursing home or specific staff members were negligent, through a wrongful act, or due to some breach of contract that your loved one had with the nursing home.
2. Next, you need to show that the death was caused by the negligence of the nursing home.
3. Finally, you must show the court that if the decedent had lived, they could have filed a lawsuit and won against the nursing home for these acts.

3. What Damages Can I Recover for Wrongful Death at a Nursing Home?

Both the survivors and the decedent’s estate can recover damages for wrongful death that occurs at a nursing home.  The amount of damages for wrongful death much depends on the relationship between the decedent and his or her survivors, as well as the extent of the decedent’s suffering and monetary loss.  You can ask the court to award medical and funeral expenses among other things.  Something more subjective, but that is recoverable, is mental pain and suffering for the loss of a spouse or parent due to the nursing home’s actions.  These are just a couple of examples of allowed damages.  To further, discuss the question of damages, you should contact a wrongful death lawyer in Stuart, FL.  

Get the Help of Wrongful Death Attorneys in Stuart, FL

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of wrongful death law.  You can depend upon our 85 years of experience in the Florida legal industry. 

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr.  Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old.  He became a municipal judge at the age of 25 and served as County Attorney for 23 years. 

During his time as County Attorney, he was elected to represent Martin County in the Florida Legislature.  In 1945 he was elected to the Florida House of Representatives.  He served in the House for nine years and even served as Speaker of the House before he went on to become a member of the Florida Senate.  Today, the Crary Buchanan law firm continues to practice the example of integrity, professionalism, energy, and devotion that was clearly illustrated in the lives of both Evans Crary Sr. and Evans Crary Jr.

Our clients are more than case numbers; they are people. We recognize that you are an individual with unique needs and expectations. Our team is here to meet your need and exceed your expectations.  When you work with us, you can have confidence that a caring legal advocate is on your side.

If you have more questions or want a dedicated wrongful death attorney in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form.  You can always depend on Crary Buchanan for community, experience, and trust.  Call today.  

The information in this blog post is provided for informational purposes only and is not intended to be legal advice.  You should not make a decision whether or not to contact an attorney based upon the information in this blog post.  No attorney-client relationship is formed nor should any such relationship be implied.  If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.