Nursing Home Abuse & Malpractice Responsible for Wrongful Deaths

For many people, there comes a time in life when family and friends can no longer do taking care of an elderly loved one. In this, one has to take decision to acquire assistance from an assisted living facility (ALF) or nursing home. However, with continuous reports of abuse, negligence and malpractice appearing daily in newspaper’s headline and television news program’s – the condition of nursing homes and protecting elderly people from such abuses can be intimidating. Friends and families of the elderly people should be prepared to deal with such unfortunate situations and know their legal rights when abuse occurs.

The results of abuse, negligence and malpractice can be serious and in some cases can even lead to the wrongful death of a disabled individual or an elderly person. A wrongful death refers to a death caused and attributed to the mistake of another individual or a collection of individuals. Often, in nursing homes, wrongful death occurs due to overcrowding of the patients and due to the high turnover of employees. Employees, who are overwhelmed, under equipped and who lack proper training is responsible for the mistreatment of elderly patients. This mistreatment can occur in the form of unsanitary conditions, malnourishment or overall lack of attention paid to the requirements of elderly patients. According to a study conducted by the U.S. Government Accountability Office in 2002, on the condition of nursing homes and released in the year 2006, about 25 of the 51 nursing homes reported that most of the employees quitted before the completion of their 36 months contract.

Although, there can be several circumstances or causes responsible for the wrongful death of an elderly person involving abuse, negligence or malpractice, it is suggested to the family members suspicious of their loved one’s death to contact an experienced nursing home attorney to get legal advice.

When a friend or family of an elderly person receiving care in an assisted living facility or nursing home feels that their loved one died due to negligence or abuse then they should immediately contact an experienced nursing home attorney or a nursing home law firm specializing in wrongful death cases. However, most of the times wrongful death cases slips through the legal cracks because of lack of funds and budgeting in District Attorney’s Offices. Due to this the U.S. Wrongful Death and Injury Institute advises to contact a lawyer before they feel that the investigation is incomplete or being denied. This is one of the best ways for the wrongful death victims to get monetary compensation.

Preventing Death Caused by Nursing Home Negligence

It is unquestionable that wrongful death occurs even with the individuals attempt to protect loved one getting long-term care in a nursing home or an assisted living facility. However, one can take steps to reduce the potential foe such deaths. For instance, according to the Senior Law Center, a national advocacy group for the elderly, before admitting a loved one or a friend in an ALF or a nursing home researches the investigations and complaints at a nursing home facility to determine the severity of these cases and the actions taken by the nursing home facility to enhance the situation.

Another step to prevent the death of an elderly person is to tour any nursing home or an assisted living facility without as well as with a guide. One of the best ways to know the kind of acre a nursing home provides is to walk through the interior perimeter, halls and cafeterias of the nursing home or assisted living facility to observe the conditions prevalent there. However, according to the state regulation, one has to take permission from the director of facility before wandering the cafeteria or halls of a nursing home facility.

Steps to be taken if a Wrongful Death occurs in a Nursing Home:

Primarily, if a case of wrongful deaths occurs then contact a nursing home law firm experienced in dealing with wrongful death lawsuits. Secondly, according to the Wrongful Death and Injury Institute, it is important for the family and friends to retrieve an autopsy report. In case, an autopsy report was overlooked or neglected then you get an autopsy report by providing payment. A lawyer usually retrieves these funds and compensation is given for these actions in a wrongful death lawsuit. It is essential to identify a beneficiary of a wrongful death so that an individual may file a lawsuit on the behalf of deceased.

Although, little can be done to reduce the concerns and worries of those admitting their family members in an assisted living facility, it is essential to remember that most of the assisted living facilities and nursing homes provide excellent care to their residents. However, when you have to search for a nursing home for an elderly person, it is better if you prepare yourself for the possibility of insufficient care and negligence. This helps the friends and family members to prepare for the worst scenario.