When the death of a loved one occurs in a nursing home, it can be hard to determine if your loved one died of natural causes or if he or she was a victim of neglect or abuse. Whether your elderly relative died as a result of an infection, bed sore, medication error, fall, or general neglect, you may have a wrongful death claim on your hands.
A wrongful death claim is a type of civil suit that is filed against the negligent party that caused the death of your loved one. When a wrongful death in a nursing home occurs, the lawsuit is generally filed against the nursing home facility for abuse or neglect. However, these types of cases are not so easy to prove.
In order to establish your case against a nursing home, several things need to be looked at to determine if your case can be proven in court, such as:
- Was the death caused by the nursing home?
- Was the death due to negligent conduct by a CNA, RN, caregiver, or other staff member?
- Are there surviving family members such as dependents or beneficiaries?
- Are there monetary damages that resulted from the death of your loved one?
Because these cases can be complex, it is wise to hire an experienced wrongful death lawyer who will know how to prove the nursing home facility was negligent and liable for your loved one’s death.
In proving a Florida wrongful death claim, it is beneficial to keep any and all evidence. For example, if you have your loved one’s contaminated clothes, pictures of wounds, video recordings of injuries and nursing home conditions, and his or her medical records, your attorney will want to see these things when establishing a wrongful death claim against the nursing home. Even if you don’t have evidence, sometimes lawyers can get testimony from employees to prove a wrongful death claim.
For help holding a nursing home liable, contact the Law Office of David Benenfeld to speak with a knowledgeable Broward County wrongful death attorney. Simply dial [number type=”2″] or [number type=”1″] or contact us online for your free, private consultation today.