Although wrongful death cases are relatively common in nursing homes, filing a lawsuit against them is not that simple. Nursing home managers will deny any negligence and sometimes even alter or get rid of any evidence.
But sometimes, people do not claim compensation because they don’t know they can. Getting a lawyer is the best way to know if you or any other family member can file a claim against a nursing home for the wrongful death of a loved one. Here are some of the most commonly asked questions about wrongful death involving nursing homes.
Can You File a Wrongful Death Claim Against a Nursing Home?
According to our Texas wrongful death lawyers, the next of kin is usually the one who presents a wrongful death claim. Texas law establishes that children, parents, and spouses are entitled to demand compensation from a nursing home whose negligence ended their relative’s life.
If none of them take legal action, the executor of the person who passed away can do it. There are some instances where other family members or even financial dependents can file a lawsuit. Talking to a lawyer is the best way to know the most appropriate person to present a claim.
How Can a Nursing Home Be at Fault for a Wrongful Death?
Most of the wrongful death cases our attorneys handle are related to abuse by the staff or negligence. These are some of the most common situations that can lead to wrongful death in a nursing home:
- Slip and fall injury. Falls can lead to serious injuries in senior adults. Their bones, muscles, and reflexes present age-related deterioration, so their injuries can be more severe. Slip and fall accidents happen when staff members are not paying attention.
- Urinary tract infections. Patients with limited mobility needs must be taken care of appropriately and regularly. Sometimes urinary catheters are placed incorrectly by medical staff or not disinfected according to the norm. That can lead to several urinary tract infections, which then can result in wrongful death.
- Medical errors and negligence. Sadly, negligence is often present in understaffed nursing homes. When doctors, physicians, or nurses are insufficient or improperly trained, they mix up pills or prescribe the wrong medication. Sometimes seniors with mental illnesses are intentionally misprescribed to keep them quiet.
- Malnutrition or dehydration. Negligent nursing homes will try to save a few dollars on meals, and as a result, food can be scarce or nutritionally insufficient. Some others will neglect patients who need to be fed by tubes, and others will neglect people who need help feeding themselves.
- Intentional abuse. Some of our lawyer’s won claims are related to intentional violence or abuse. That can include physical violence, death threats, or sexual abuse by the nursing home staff, visitors, or other residents.
If your loved one was a victim of something like that, a Texas lawyer could help you demand damages and get fair compensation for your loss.
How Much Can a Claim for Wrongful Death Pay?
The amount you can recover will depend on the evidence against the responsible parties and the consequences of your loved one’s wrongful death. Our Texas lawyers have helped our clients recover damages for:
- Medical expenses like hospitalization and surgery
- Funeral and burial costs
- Loss of services
- Pain and suffering for their loved one’s loss
- Punitive damages when extreme negligence or intentional violence was involved
An attorney can help you reach experts in many fields to determine the damages you are entitled to and negotiate with insurance companies and nursing providers.
How do You Prove Wrongful Death in a Nursing Home?
Compensatory damages for wrongful death in a nursing facility can go up to millions of dollars. It will depend on the evidence you have, but also on your attorney negotiation skills.
According to Texas Civil Practice And Remedies Code, your attorney must be able to prove:
- That the nursing home acted negligently or committed abuse
- And that the consequences of that negligence ended your loved one’s life
That could be particularly important if your relative was taken to a hospital and passed away there instead of the nursing home. An experienced Texas attorney can help you collect evidence and contact key witnesses to build a strong wrongful death case.
What Is the Statute of Limitations for Wrongful Death in a Nursing Home Claim in Texas?
According to the Texas Capitol Statutes, your timeline to present a claim is two years. However, this time frame can change depending on the particulars of every case. Talking to a lawyer is the best way to know your deadline and ensure you don’t miss any important dates.
Besides taking care of the legal aspect, your attorney also can file a claim to extend the deadline -in case it is about to expire.
Your Relative Died a Wrongful Death in a Nursing Home–What Happens Next?
Do not talk to the nursing home staff, insurance company, or lawyers without your attorney present. Retrieve your loved one’s belongings, prescription notes, and any other piece of evidence you have access to, and get legal representation as soon as possible.
One of our Texas attorneys is ready to give all the legal assistance and representation you need. Contact us and get an initial consultation at no cost.
