Wrongful Death Vs Neglect in Nursing Homes
Mistreatment of residents in nursing homes is unacceptable. After retirement, one should expect to relax and not have to worry about abuse or neglect at the hands of a doctor, nurse, or other caregiver. Tragically, such mistreatment happens too often. In extreme cases, this can result in the death of a nursing home resident. Wrongful death at the hands of a trusted caregiver, regardless of the cause, is a traumatic experience for loved ones.
For the death of a nursing home resident to be classified as a “wrongful death” in the eyes of the law, it must be proven that the facility’s actions, or failure to act, resulted in the resident’s death. Examples of negligence may include failing to provide medication, ignoring signs of illness, or working under the influence of drugs or alcohol. If the resident requires special accommodations of any kind, such as a dietary restriction or medication adjustment, the facility may be found negligent if it fails to provide these things.
Fortunately, not all cases of neglect are fatal to the resident, and many injuries and illnesses resulting from improper care are easily resolved. However, an injured resident is still entitled to seek compensation if the facility acted negligently, even if he or she has since recovered. Nursing homes are expected to provide a minimum standard of care, and any preventable incident is one too many. If this standard is not met and harm results, the facility and its staff can and should be held responsible.
Nursing homes are required to provide safety as well as comfort to all residents, but violations may not always be reported. If you are concerned about your treatment or the treatment of a loved one who is in the care of a nursing home, call the Franco Firm at (813) 872-0929 for a consultation.