Can I Sue a Nursing Home For Wrongful Death?

The short answer is yes, you can sue a nursing home for wrongful death under certain conditions. However, each case is unique and requires careful evaluation. The Law Offices of John M. McCabe are here to guide you through this complex process. Let's explore the legal avenues you might take in a wrongful death lawsuit against a nursing home.

Can I Sue a Nursing Home For Wrongful Death?

We entrust nursing homes with the health, safety, and happiness of our beloved family members. It's a significant responsibility, and unfortunately, not all nursing homes live up to the standards they should. When such negligence leads to the death of a resident, it can be a deeply traumatic and heartbreaking event for their loved ones. One common question in these unfortunate circumstances is: "Can I sue a nursing home for wrongful death?"

What is a Wrongful Death Claim?

A wrongful death claim arises when a person dies due to the negligence or misconduct of another person or entity. When it comes to nursing homes, the entity is often the nursing home facility or its staff. If the resident’s death was a result of negligent care, abuse, or any form of intentional or negligent harm, it might be possible to bring a wrongful death lawsuit.

Key Elements of a Wrongful Death Claim

To succeed in a wrongful death lawsuit against a nursing home, there are several elements that must be proven:

Duty of Care

It must be established that the nursing home or its staff owed a duty of care to the resident. In most cases, this is clear as nursing homes are entrusted with the care of their residents.

Breach of Duty

The plaintiff must prove that the nursing home or its staff breached their duty of care. This could be through negligent actions, neglect, or abuse.

Causation

There must be a direct link between the breach of duty and the death of the resident. It needs to be shown that the death would not have occurred but for the negligence of the nursing home or its staff.

Damages

Finally, it must be demonstrated that the death resulted in measurable damages. This could be in the form of medical expenses, funeral costs, loss of consortium, or the pain and suffering of the decedent prior to death.

The Legal Process

The process of suing a nursing home for wrongful death is complex and can take a considerable amount of time. It requires gathering and evaluating evidence, filing legal documents, and potentially going to trial. Many cases, however, are settled before they reach a courtroom. Working with experienced wrongful death attorneys like the team at The Law Offices of John M. McCabe can be beneficial. We have a comprehensive understanding of the laws surrounding nursing home negligence and can advocate for you and your family during this difficult time. Contact a nursing home abuse lawyer today.