Nursing home wrongful death lawsuits are legal actions taken when a resident dies due to negligence or abuse in a long-term care facility. These cases aim to hold nursing homes accountable for substandard care and provide compensation to the deceased’s family.
Losing a loved one due to nursing home abuse and neglect can be a devastating experience. While mourning the loss of your loved one, you may not know where to turn for help. An experienced Chicago nursing home abuse lawyer at Ferrell Young, LLC can help you explore your potential legal options and advocate for the justice and accountability your family deserves.
When can a nursing home wrongful death lawsuit be filed?
You can file a nursing home wrongful death lawsuit when there’s evidence that the actions or inactions of a nursing facility staff member or administrator directly led to a resident’s death. This may include cases of:
- Severe neglect: This may include ignoring hygiene, medical neglect, failing to notice or report health changes, malnutrition, or failing to regularly reposition immobile residents.
- Medical errors: Common medical errors in nursing homes include administering incorrect drugs or doses, misdiagnoses, or delayed treatment.
- Physical abuse: This could include direct physical violence, improper restraints, rough handling, and sexual abuse. This can also include failure to protect residents from assaults from other residents.
Additionally, you have up to two years from the date of your loved one’s death to file a wrongful death lawsuit. However, the sooner you act, the easier it will be to hold negligent parties accountable and get justice for your loved one. That’s because evidence can become harder to obtain after a while. Witnesses can also lose recollection of the abuse or neglect that led to your loved one’s death.
Who can file a nursing home wrongful death lawsuit in Illinois?
In Illinois, the following parties can file a wrongful death nursing home lawsuit:
- Personal representative: This is the executor or administrator of the deceased person’s estate. This person is typically named in the deceased’s will or appointed by the court.
- Immediate family members: This includes the surviving spouse, children (including adopted children), and parents (if the deceased was unmarried and had no children).
- Next of kin: If there are no immediate family members, other relatives may be eligible. This could include siblings, grandparents, or other close relatives.
How is negligence proven in a nursing home wrongful death case?
Proving negligence after a nursing home death requires demonstrating that:
- The nursing home had a duty of care to the resident: This means that the nursing home was responsible for providing a standard of care to the resident, ensuring their safety and well-being.
- The nursing home breached that duty: The facility failed to meet the required standard of care, whether through action or inaction, such as failing to provide necessary medical treatment or not maintaining a clean and safe living environment.
- This breach directly caused the resident’s death: There must be a clear connection between the breach of duty and the death. For instance, if a resident died from an untreated infection due to inadequate medical care or from injuries sustained in a fall caused by neglect.
- The resident and their loved ones accrued damages as a result of the death: These damages can include medical expenses, funeral costs, pain and suffering, and loss of companionship.
Key evidence often includes medical records, facility logs, witness testimonies, expert opinions, photographs of injuries or living conditions, and documentation of any complaints made to the nursing home or regulatory agencies.
An experienced Chicago nursing home abuse lawyer can launch a thorough and aggressive investigation into the facility, its staff, and its administrators to determine where negligence occurred.
What damages can be recovered in a nursing home wrongful death lawsuit?
If you’re eligible for a nursing home wrongful death lawsuit, the damages you can recover may include:
- Medical expenses prior to death.
- Funeral and burial costs.
- Loss of the deceased’s future earnings.
- Loss of companionship.
- Pain and suffering experienced by the deceased before death.
- Mental anguish of surviving family members.
- In cases of extreme negligence, punitive damages may also be awarded.
How can I protect my loved one from nursing home neglect or abuse?
The best way to protect your loved one is to regularly visit them and stay involved in their care. Also, be aware of signs of abuse and neglect, including:
- Unexplained bruises, cuts, or fractures.
- Bedsores or pressure ulcers.
- Signs of restraint on wrists or ankles.
- Sudden weight loss or dehydration.
- Poor hygiene or unclean living conditions.
- Frequent infections.
- Sudden changes in behavior or mood.
- Withdrawal from social activities.
- Anxiety or fear around certain staff members.
If you believe that your loved one is in danger, call 911 immediately and advocate to have them moved to another facility immediately. Nothing is more important than your loved one’s safety. If you suspect abuse and neglect, document everything. Take notes of everything you observe and take photos of any visible signs of negligence.
You can also contact the Illinois Department of Public Health’s Nursing Home Complaint Hotline at 1-800-252-4343 or make a complaint about the facility online.
How to file a wrongful death lawsuit against a nursing home
Whether you suspect nursing home abuse and neglect, or you have evidence that your loved one has been harmed in a nursing facility, it’s important to take immediate action. The Chicago nursing home abuse and neglect lawyers at Ferrell Young, LLC are ready to fight for the rights of your elderly loved one. We know how to hold negligent parties accountable and get justice and compensation for victims.
Don’t let nursing home abuse and neglect go unaddressed. Contact us today for a free case evaluation with one of our dedicated and compassionate attorneys. We’ll answer any questions you have, listen to your story, and help you devise a legal strategy moving forward.
“I want to let James, as well as the attorneys and staff at Ferrell Young LLC I dealt with, know how grateful I am for the professional manner in which they handled my case. I HIGHLY recommend them. They were honest, patient and showed great attention to detail by thoroughly investigating all aspects of my case, as well as explaining the likely outcomes. Their integrity is beyond repute! Thanks again for all the help.” — Former client.