Wrongful Death Lawsuits Can Result from Nursing Home Neglect and Abuse

 Posted on June 26, 2019 in Wrongful Death

More and more Americans are requiring the long-term intensive care that a nursing home, assisted living, or rehabilitation facility offers. Unfortunately, many of these facilities are struggling to keep up with the influx of residents. Thousands of nursing homes across the country are understaffed or are staffed by employees who are not adequately trained. Sometimes these inadequacies lead to nursing home resident neglect and abuse. In extreme cases, these instances of neglect and abuse can be deadly.

Nursing Homes Have a Duty of Care

In personal injury law, the phrase “duty of care” refers to a responsibility that a party has to another party. Nursing home facilities and staff have an obligation to provide residents with a reasonable level of care which includes protecting residents from harm and maintaining a safe environment in the facility. When a nursing home fails to uphold this duty of care, the facility and/or staff may be legally accountable for injuries or deaths that result from this negligence.

Determining When a Death is a Wrongful Death

Nursing home residents are often elderly and suffer from many different cognitive and physical ailments. Because of this, deaths within a nursing home are not rare. Sometimes a nursing home resident passes away because it was simply his or her time. However, poor care can also lead to residents’ deaths. Many wrongful death suits are a result of negligent care or major nursing home staff mistakes.

Just last month, a 91-year-old World War II veteran died after he tipped back in his wheelchair and hit his head on the floor causing a massive brain bleed. The legally blind man suffered from dementia and had previously been on a one-on-one supervision plan but was removed from this high level of supervision for unknown reasons. After the man hit his head, the accident was not reported by staff for 40 minutes, and he was not taken to an emergency room for over two hours. The total amount of time which the man suffered before finally being transferred to a trauma hospital was five hours. He passed away just two days later.

It remains to be seen if the lack of supervision coupled with the delay in medical care directly caused the resident’s death. If so, the family of the man may bring a wrongful death lawsuit against the facility.

Contact a Rockford, Illinois Nursing Home Neglect Lawyer

Nursing home residents deserve to be treated with compassion and competent medical care. If your loved one has been hurt or has passed away because of a negligent nursing home, a Winnebago County personal injury attorney can help. Schedule a cost-free case consultation with Mannarino & Brasfield, A Division of Schwartz Jambois, by calling us at 815-215-7561.

Sources:

https://www.usatoday.com/story/news/politics/2019/05/17/veterans-affairs-nursing-home-death-lawmaker-wants-answers/3693551002/

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57