Wrongful Death in Nursing Facilities: What Families Need to Know
When families entrust the care of an aging parent or relative to a nursing facility, they expect safety, compassion, and competence. Neglect and mistakes can be fatal. Wrongful death in nursing facilities is a preventable outcome that affects far too many Pennsylvania families, and our attorneys are here to explain what you need to know if you lost a loved one in this way.
At Bordas & Bordas, we support families dealing with a loss by helping them pursue the justice they may be entitled to under state law. Reach out to our team today to get started on your claim.
Do Families Have the Right To File Wrongful Death Lawsuits?
When dealing with a nursing home wrongful death case, you and your family should know that under 42 Pa. C.S. § 8301, you may recover damages if death results from negligence. Wrongful death lawsuits are first filed by the deceased’s estate’s personal representative for the benefit of the surviving spouse, children, or parents. Beneficiaries can file the claim if the personal representative does not do so within six months.
A wrongful death claim may pursue compensation for medical costs, burial expenses, loss of companionship, and emotional suffering.
What Can Impact a Nursing Home Wrongful Death Case
Families may not always receive explanations when a nursing home resident passes away. In cases of chronic understaffing, the facility may try to minimize its liability. To determine whether a nursing facility’s wrongful death has occurred, you and your family should know to look for evidence such as:
- Medical records with gaps or inconsistencies
- Refusals to answer questions or release documents
- Signs of past abuse or malnutrition
- Prior violations by the facility
- Sudden or severe deterioration in health
If you notice issues, seek legal advice promptly. Nursing homes with inadequate staff are often associated with more patient neglect and slower responses to emergencies, resulting in injuries and fatalities. Besides understaffing, several issues could cause wrongful death.
Understanding Nursing Home Wrongful Death Cases
Wrongful death refers to the loss of life resulting from misconduct. You and your family should recognize that in nursing homes, wrongful death can be caused by:
- Ignoring signs of distress
- Failing to prevent or treat infections
- Delayed emergency response
- Physical abuse or neglect
- Errors in medication or nutrition management
28 Pa. Code § 201.29 outlines a nursing home’s legal responsibility to provide each resident with the highest quality of life possible.
Learn About Nursing Home Wrongful Death Claims and What Families Should Know
Wrongful death in nursing facilities is never acceptable, and there are certain things families need to know in these situations. If your loved one died due to neglect or avoidable harm in a Pennsylvania nursing home, your family may be entitled to answers and compensation.
Our nursing home wrongful death attorneys could guide you through the legal process and help you pursue the recovery and compensation you need. Our consultations are always free. Start the wrongful death claims process with Bordas & Bordas today.