Wrongful deaths in nursing homes are often linked to inadequate care, negligence from the nursing staff, or insufficient supervision.
Falls are a common reason behind wrongful death claims in nursing homes. Facilities are required to have fall prevention protocols to safeguard residents, but poor care or negligence can result in dangerous injuries.
A significant number of nursing home residents need help with eating and drinking. Insufficient staffing and inadequate training can lead to severe malnutrition and dehydration, which may prove fatal.
Inadequate response to infections is another frequent cause of wrongful death. While infections are common among seniors, failing to treat them properly can lead to deadly outcomes.
Although physicians generally aim to avoid harm, overlooked medication errors can result in a resident's wrongful death. Excessive dosing or incorrect medication administration by nursing staff can lead to overdoses or adverse reactions.
Pressure sores, also known as bedsores, are preventable but can turn into serious health threats if neglected. Untreated, they can cause infections that may reach the bone, potentially leading to amputation or death.
Aspiration pneumonia occurs when food, saliva, liquids, or vomit is inhaled into the lungs instead of being swallowed. Failure to recognize and treat these symptoms can result in death.
Due to age-related complications with eating and swallowing, elderly individuals are particularly susceptible to choking. Nursing home staff must implement appropriate measures to reduce this risk.
Residents experiencing dementia may wander from their facilities without supervision, potentially encountering perilous situations, such as accidents or exposure to harsh weather conditions. Such circumstances outside a facility can tragically lead to fatal outcomes.
Residents may endure harm or injury as a result of deliberate acts of violence or mistreatment perpetrated by staff members or fellow residents. Such abusive behavior can lead to significant physical injuries, including brain bleeds that result in wrongful deaths.
To seek recompense for the wrongful death of your loved one, filing a nursing home wrongful death lawsuit is often imperative. Yet, identifying the accountable entities is paramount for your case's success.
Below are the potential parties culpable:
In certain scenarios, multiple parties may share culpability for the wrongful death. Your legal counsel will aid in navigating the nuances of your individual circumstances to ensure all responsible parties are held answerable.
When seeking justice for a loved one's wrongful death caused by nursing home negligence, it's crucial to understand who can legally initiate the lawsuit.
In California, eligible parties include:
If you have questions about your eligibility, contact Susan Kang Gordon, A Professional Law Corporation for guidance.
When a loved one passes away due to nursing home negligence, families may seek financial compensation to alleviate the profound emotional and financial toll of their loss.
The available compensation typically includes:
Receiving a settlement cannot undo the emotional pain you’ve experienced due to the loss of your loved one, but it can help you find a sense of justice and get back on your feet financially.
For a successful wrongful death claim, it's essential to demonstrate the presence of four key legal elements:
This foundational element is generally straightforward to establish. Nursing homes are expected to maintain a safe, clean, and hospitable environment for their residents. Additionally, caring for the health of residents is often a part of a nursing home’s duties, as staff members administer medication, perform rehabilitative care, and monitor residents’ symptoms.
It must be shown that the facility failed in its duty in some manner. This could be through neglect, such as inadequate patient monitoring leading to preventable bedsores or deaths, medication errors, or insufficient staffing, which could lead to serious accidents or neglect.
A direct connection between the facility’s breach of duty and the death of the resident must be proven. For instance, incorrect medication could cause a fatal allergic reaction, or a lack of supervision could result in a deadly fall. Establishing causation may require detailed legal and medical analysis, especially when the negligence isn’t directly obvious.
In nursing home wrongful death cases, proving damages typically involves less dispute since the loss of life is undeniable. Your grief over the loss of your loved one will be factored into your claim. Your loved one may also have incurred medical bills to treat their injuries before their passing — a cost that you should not have to bear.
Nursing home wrongful death resolutions in California often conclude either via judicial decisions or, more frequently, through out-of-court agreements. These agreements are reached when the involved parties consent to a compensation figure without proceeding to trial, typically to circumvent the unpredictability and public scrutiny associated with court cases.
The specifics of each case, such as the extent of negligence, the pre-existing health and age of the deceased, and the emotional and financial toll on the family, greatly influence the settlement amounts and conditions.
Such settlements usually finalize more rapidly than court verdicts, offering bereaved families quicker closure and financial relief. Nonetheless, families must engage experienced legal counsel who can adeptly negotiate equitable settlements that accurately reflect the severity of their loss.
At Susan Kang Gordon, A Professional Law Corporation, we are dedicated to supporting family members dealing with the tragic consequences of wrongful deaths in California nursing homes. Our firm is spearheaded by Susan Kang Gordon, an attorney whose commitment and skill have earned her the prestigious title of Trial Lawyer of the Year from several notable legal organizations.
Our approach targets the systemic issues that contribute to abuse in nursing facilities, such as corporate negligence and insufficient staffing. By focusing on these root causes, we strive to achieve justice for individual families and drive industry-wide changes to prevent future incidents.
Susan Kang Gordon, A Professional Law Corporation is a trusted partner in nursing home abuse litigation. We offer personalized and compassionate legal services, ensuring each client feels heard and empowered.
