Placing a loved one in a nursing home is a difficult decision when they can no longer care for themselves. When it happens, it’s assumed that they will be there until they pass away from natural causes. Unfortunately, that’s not always the case. Nursing home death cases are about seeking justice for a loved one. While financial compensation won’t undo anything, it will hold the facility accountable for its actions and discourage additional mistreatment.
Residents of nursing homes are dependent on the home’s staff to take care of them because they can no longer care for themselves. Neglect, abuse (by staff or another resident), inadequate, incorrect, or intentionally withheld patient care are all potential factors in a nursing home resident’s premature death. Left unchecked, this mistreatment continues until the patient is either badly harmed or dies as a result.
Investigation
A nursing home death may or may not be from natural causes. Much will depend on the person’s age, individual health, and medical conditions. Therefore, an autopsy is needed to determine the cause of death and any comorbidities or other contributing factors. The deceased’s medical records are also a necessary part of an investigation.
Medical and other experts may be commissioned to further investigate the circumstances of the person’s death to determine if any foul play was involved.
Separately, an estate must be opened to begin the probate process for the deceased’s property and assets, if any, and to determine who will inherit from the estate.
If the investigation shows that the person’s death was not due to their medical condition or natural causes but by preventable mistakes by the nursing home, families have the option of filing a wrongful death action.
Who can File a Wrongful Death Lawsuit against a Nursing Home?
The term “wrongful death” means that a person would have lived had it not been for the action or inaction of another person. In a nursing home setting that means if the decedent had received proper medical or other care or had not suffered abuse or neglect at the hands of another.
A person appointed as the decedent’s “personal representative” can file a wrongful death claim following the decedent’s passing. Many of these claims are settled out of court before reaching trial. However, some may be tried in court.
West Virginia law allows proceeds from a successful wrongful death claim to be paid to a surviving spouse. If there is no surviving spouse, then the decedent’s children, including legally adopted children and stepchildren, would receive those proceeds. Siblings and parents may also be eligible to receive next, and other relatives, if they were dependent financially on the deceased.
A claim in West Virginia must be filed within one year of the person’s passing.
Relatives can receive financial compensation on behalf of their loved one, both economic and non-economic, for final expenses, loss of companionship, and other variables.
Defending The Vulnerable In West Virginia
We hope that your loved one is always well cared for in a nursing home. If ever you discover that they are not, please call us immediately.
Because a nursing home lawsuit can be complicated, it’s important to have an attorney who understands the complexities of this type of case. Contact The Love Law Firm today at (304) 344-5683 for a free consultation. We’ve helped thousands of West Virginians fight for their loved ones in nursing homes, and are ready to help you.
