The death of a loved one who resides in a nursing home is an eventuality that families must face when an elderly or disabled family member is placed in a long-term care facility. Many of the residents live out the remainder of their days in these facilities, ultimately passing away from natural causes or declining health.
Unfortunately, negligence could also be responsible for the deaths of some nursing home residents. Abuse or neglect situations could have dangerous or even fatal repercussions on elders or disabled persons, leaving surviving family members with substantial distress and grief.
An experienced nursing home abuse lawyer at Mac Hester Law could help your family seek monetary compensation and justice following the unfortunate loss of your loved one. They could walk you through every step of your Fort Collins nursing home wrongful death claim so you can be successful in holding negligent parties responsible for the loss of your loved one.
Common Causes of Wrongful Deaths in Long Term Care Facilities
There are several ways the negligence of a nursing home employee could factor into a resident’s untimely death. Given the significant health issues many residents face, it is not always easy to determine whether negligence was a factor in their death. However, a local legal advisor could help determine that the loss of life was avoidable.
One of the most common causes of wrongful death in nursing homes is medical errors. These errors include incorrect or delayed diagnosis, prescription mistakes, or botched medical procedures. Any of these errors could have fatal consequences.
Infections are another common cause of avoidable death in care facilities. These infections can occur due to unsanitary conditions, bedsores, or neglectful care. Unsanitary conditions can have other fatal consequences as well, including spreading disease and exacerbating existing health problems.
Finally, injuries stemming from falls are also a common cause of death in nursing homes. Some falls occur due to poor training of the workers, not having enough staff present, and when nursing employees fail to maintain appropriate safety or cleaning measures.
Fort Collins Wrongful Death Lawsuit Laws
The laws in Fort Collins allow for civil remedy when negligence results in the death of another person. This remedy is known as a wrongful death lawsuit. This type of claim can seek monetary compensation from the person responsible for the loss of life.
However, not just anyone can file a wrongful death suit. State law provides a complicated framework that identifies the parties with the right to file a claim. Within the first year following a person’s death, the surviving spouse has the right to bring a claim. If there is no surviving spouse, or if the spouse consents, the heirs of the decedent may pursue a wrongful death action. Otherwise, a designated beneficiary has the right to pursue a case.
After one year has passed without the filing of a wrongful death lawsuit, any of these parties have the right to initiate a case. If there are no spouses or children, the deceased parents have the right to file.
The window of time to file a wrongful death claim is short. According to state law, a party with the right to file action must do so within two years of the date the resident passed away. If a plaintiff files a wrongful death claim after the two-year window expires, the court could prevent them from pursuing the lawsuit forever.
Let an Attorney Guide Your Fort Collins Nursing Home Wrongful Death Claim
When it comes to Fort Collins nursing home wrongful death claims, time is of the essence. It is imperative that you discuss your options right away to ensure your rights are protected. Call an experienced personal injury and wrongful death attorney at Mac Hester Law today to learn more.