When you place a loved one in a nursing home, it is only reasonable to assume the care will meet your expectations. Occasional shortcomings are expected, but never the serious impacts of neglect or abuse. No one choses a care facility thinking their older friend or relative will become a victim of nursing home abuse or wrongful death.
If you suspect a wrongful death due to nursing home neglect, it is a good idea to consult with an attorney as soon as possible. You may be able to receive compensation for medical expenses, funeral costs, and emotional distress. Here’s what helps when obtaining justice for a nursing home abuse or death.
Patterns of Neglect
If your loved one faced neglect, it’s important to discuss them. Bed sores, dehydration, weight loss, use of restraints, and physical abuse may have preceded the death.
You may have noticed these patterns and complained about them, but this is not always the case. In some cases, a loved one may never exhibit any noticeable symptoms of neglect, or they may have existed but were hard to distinguish from other issues related to old age or declining health.
Either way, it’s important to write down what you remember about times that your loved one did not seem themselves and to also obtain all medical records and nursing home records available to establish potential patterns of neglect.
Untreated Conditions
Untreated medical conditions are a common cause of wrongful death in nursing homes. Elderly patients can die from falls, untreated urinary tract infections, and unnoticed cerebral hemorrhage.
Although it may be difficult, or you may meet resistance, insist on an autopsy. A coroner or medical examiner can conduct a thorough investigation that may reveal evidence of untreated conditions that your loved one’s medical records do not indicate.
Investigation
Nursing home abuse and wrongful death claims require extensive investigation. Finding medical records, treatment providers, and witnesses is important. This evidence will collaborate your claim and observations.
There can be challenges too. Low-paid caregivers may be reluctant to testify against their employer, even though they noticed something was wrong or the care facility may fail to keep inadequate records. While it is not impossible to prevail on your claim, these circumstances can make nursing home abuse and neglect more difficult.
A wrongful death action against your loved one’s care facility will not bring them back. However, finding some justice for them may help you manage your grief and prevent the same from happening to others. At Mazow | McCullough, PC, we represent our clients with dedication and empathy. Call us today to schedule a consultation at (855) 693-9084.
