If an older loved one recently perished in their nursing home or assisted living facility from what you believe was negligence by the staff or administrators, contact an experienced elder abuse attorney as soon as possible. You could have grounds to file a legal claim against the negligent parties.
In Westminster nursing home wrongful death claims, the spouse and heirs of the family member who died can recover significant monetary damages for their grief, loss of companionship, emotional distress, and medical and funeral expenses. Depending on the nursing home regulatory violations, the details of the elder abuse, extent of abuse the elder had to endure, a lawsuit filed with the assistance of Mac Hester Law could cause the nursing home to be penalized by the state, helping to prevent other residents from getting hurt in the future.
Types of Elder Abuse that Can Result in a Wrongful Death Lawsuit
Nursing home abuse and neglect can come in several forms that may result in the death of a resident, including:
- Malnutrition and dehydration
- Falls
- Physical abuse
- Medication errors
- Use of chemical restraints such as antipsychotic drugs
- Lack of patient monitoring
- Improper and abusive use of physical restraints
- Infections and untreated diseases
These and other complications resulting from nursing home neglect, such as infected bedsores and emotional abuse, can contribute to an elderly resident’s death.
Warning Signs Providing Evidence in Westminster Nursing Home Cases
Older individuals suffering from neglect and abuse in Westminster assisted living facilities often display numerous signs and symptoms indicating unhealthy situations. Their personal hygiene may be lacking, or they could have unexplained injuries such as cuts, broken bones, and bruises.
Abused elders may seem distant, depressed, or fearful and even appear malnourished and dehydrated. They may also have problems walking and moving around because they are not engaging in daily exercise programs. Bedsores are common when older residents are left in their beds instead of being able to get up and walk about the premises.
All of these signs could provide proof of nursing home staff negligence leading to the death of a resident.
How Does an Attorney Prove a Wrongful Death Claim?
To prove that abuse in a Westminster nursing home caused a loved one’s unnecessary and untimely passing, the family and their attorney must show a connection between the neglect the elder received and their death.
Images of the nursing home could provide evidence of neglect, such as photos of dirty, unorganized rooms with mold infestations or accumulated trash. Also, images of bruises, cuts, and bedsores provide proof of abuse, as do testimonials from staff members and fellow nursing home residents. A local legal consultant can review medical reports indicating clear declines in their loved ones’ health due to nursing home neglect and abuse.
Additional evidence from first responders, police officers, medical professionals, social workers, and psychologists can strengthen wrongful death suits. It is the duty of these individuals to report elder abuse to Adult Protective Services (APS) within 24 hours of witnessing neglect.
Collecting Damages
Damages surviving family members can pursue include:
- Compensation for emergency and other medical care
- Funeral and burial costs
- Grief
- Loss of companionship
- Emotional distress
- Pain and suffering
- Mental anguish.
It could also be possible to request punitive damages, which are designed to penalize the defendant for horrific conduct in the case of an elder loved one suffering severe emotional, physical, and or sexual abuse.
Speak with an Attorney About Westminster Nursing Home Wrongful Death Claims Today
If your loved one died due to care facility abuse, do not hesitate to contact an experienced elder abuse lawyer. While Westminster nursing home wrongful death claims cannot replace family members, lawsuit verdicts or settlements can provide peace of mind, as the recovery of damages holds the nursing home accountable, providing a sense of justice and closure for the family as well as helping to prevent other nursing home residents to suffer the same or similar abuse in the future.
Contact our law firm today to discuss your case in detail with one of our esteemed attorneys from Mac Hester Law. We can help you determine how to go forward with the case and what you can expect from the lawsuit.