It’s not an easy decision to have to put a family member into a nursing home. Naturally, you want to make sure that the care you arrange for your loved one is based on professionalism and dignity.
Appearances can be deceiving, and a nursing home that looks above-board may not be providing the level of care they’ve promised. Or, members of staff working there may not be as professional as they seem. These deceits can lead to your loved one’s wrongful death.
Should you and your family find yourself in this painful situation, there are two things you can do right away: educate yourself, and hire the right people to help you. Since 1975, Gertler Accident and Injury Lawyers have fought for the people of New Orleans and other areas of Louisiana on wrongful death cases.
A “wrongful death” is defined simply as a death that could have been prevented had the person received adequate care. You and your family have the right to file a wrongful death lawsuit in the event that you lose your loved one in a nursing home due to abuse, medical malpractice, or some other form of preventable negligence.
These include:
- Physical assault and any resulting internal/external injuries including broken bones
- Malnutrition and dehydration
- Incorrect medical care (poor staff training; inappropriate administration of medicine)
- Sepsis
- Bed sores
- Slips and falls due to unrepaired or inadequate facilities
Louisiana Civil Code Articles 2315, 2315.1 and 2315.2 provide the basis for your rights to pursue a wrongful death suit. It is important to note factors like statutes of limitations and other potential pitfalls that could impact your suit. This is why working with trained, sensitive legal counsel will mean the difference for you and your family.
Although it’s stressful enough to lose a loved one to something like a wrongful death, the money that could be recovered would help with things like unsettled medical expenses, funeral costs, and any other associated costs related to the person’s death.
Nursing homes and the companies or individuals who own them have a binding responsibility to provide the right care for their residents at all times. They should always be held accountable when they fail in this regard.
Immediate and extended family have the right to pursue a wrongful death suit against a nursing home. It’s important to know what to expect at such a trying time. These are the basics of filing a wrongful death suit:
- Contact us and tell us what happened. We will listen to every detail with patience.
- Should there be enough reason to file a suit (including any evidence you may have gathered from previous complaints filed against the nursing home in the time before your loved one’s death),, our attorneys will work with you to begin the filing process.
- Once evidence is gathered, a settlement may be offered. It is your decision whether the settlement is satisfactory.
- If it isn’t, the case moves to court, where a judge will have final say at the trial.
Gertler Accident and Injury Lawyers know the best way to guide you through the complex process of filing a lawsuit, especially at times of emotional and/or financial duress following the death of a loved one. Contact us today to help you get the resolution you and your family deserve.
