Deciding to put a loved one in a nursing home can be a worrisome and emotionally distressing situation. Although it can be difficult to place your trust in others, you generally expect these programs to provide safety and professional care for your relative. If your loved one dies under unusual circumstances or due to the nursing home’s negligence you may be able to sue for wrongful death. At O’Brien Law, LLC we understand that the death of a loved one is never an easy thing to deal with, especially if you suspect their passing was preventable. Contact an experienced Kane County wrongful death lawyer to discuss your situation and obtain skillful legal representation during this difficult time.

What is Wrongful Death?

Wrongful death occurs when an individual dies as a result of the negligence or behavior of another person. When it comes to nursing homes, wrongful death can involve a variety of situations like a lack of medical care, abuse, neglect, and more.

Examples of wrongful death may include the following.

  • The resident did not receive their medication
  • The resident did not receive the appropriate dosage of medication
  • Malnutrition or dehydration
  • The resident fell
  • The resident died of serious injuries sustained in a nursing home accident or abuse
  • The resident died of infections and preventable ailments that resulted from neglect or unsanitary practices
  • The resident died of bed sores and related complications like ulcers or infections
  • The resident did not receive appropriate care or monitoring

Can You Sue a Nursing Home for Wrongful Death?

If negligence can be proven on the part of the nursing home, families may be able to sue for wrongful death. The following must be proven to successfully bring a lawsuit against a nursing home.

  1. Negligence: You must be able to demonstrate with evidence that the nursing home failed to meet the standard of care expected. They must have been negligent in some way like insufficient staffing, lack of training, abusive behavior, neglect, and more.
  2. Cause: There must be evidence proving that the nursing home’s negligence directly caused or contributed to the individual’s death.
  3. Damages: It must be shown that the surviving family sustained damages as a result of their loved one’s untimely death including emotional distress, financial burdens, loss of companionship, etc.

While suing a nursing home for wrongful death is possible, it can be challenging to obtain evidence proving your claim. It is important to hire a skilled attorney for assistance when bringing a lawsuit against a company like a nursing home.

You need to understand the requirements expected of you as well as the deadlines and statutes of limitations to meet. It is crucial that you collect and organize evidence backing up your claim of abuse or neglect, document the damages you and your family sustained as a result of the death, and prepare for all hearings and trials. Contact an experienced lawyer today to obtain representation and advice.