Can You Sue for Sudden Death in a Nursing Home?
Many nursing home residents have terminal health conditions that gradually progress over time. Some residents, however, are relatively healthy well into their later years. If a member of your family has died unexpectedly while in a nursing home and you suspect abuse or neglect played a role, you may have grounds for a tort claim.
Whether your case has merit depends on the facts surrounding the death. If the death was caused by the negligence or intentional wrongdoing of nursing home staff or another party, your family may be entitled to compensation.
Read on to learn a few questions your nursing home abuse attorney might ask during the free consultation to discern whether you have grounds for a claim:
1. What Medical Conditions Did Your Family Member Have?
Most nursing home residents have at least one serious medical condition. If the death was related to that condition, you may have trouble proving that negligence or intentional wrongdoing was a proximate cause of the death. Even if your loved one was in fact a victim of abuse or neglect, the defense may still assert that the death was actually caused by the preexisting condition.
2. How Did Your Family Member Die?
If the death was not related to an existing medical issue, your attorney will want to know what you think caused the death. If you’re not sure what caused the death but you noticed symptoms of mistreatment, your lawyer can conduct an investigation to determine what role, if any, abuse or neglect played in your family member’s passing.
3. Do You Have Any Evidence of Neglect or Abuse?
A mere suspicion of mistreatment won’t be enough to prove liability. You must be able to demonstrate that your loved one was in fact a victim of abuse or neglect and that this was a proximate cause of their death. The stronger your evidence of liability and causation, the better the chance that your claim will be successful.
Come prepared to the initial consultation with any evidence you have compiled that indicate abuse or neglect took place. Such evidence may include photos of visible wounds, your loved one’s medical records, and a written description of anything you noticed at the facility that seemed suspicious.
Discuss Your Case with a Nursing Home Neglect Lawyer in New York
If your loved one died suddenly while in a nursing home, an attorney from Leitner Varughese can help you determine if your case has merit. We offer free consultations, so you won’t have to pay anything to discuss your case with one of our lawyers. We also handle these claims on a contingency fee basis. That means you won’t have to pay any attorneys’ fees unless we win.
The more time that passes before we can perform the investigation, the greater the chance that time-sensitive evidence will be altered or become unavailable. For a free case review, call 855-585-2969 or use our Contact Page to send us a message.