Losing a loved one is painful under any circumstances. When you believe that person died because of nursing home abuse or neglect, the loss can be even harder to accept. Families may be left with questions about what happened, who was responsible, and whether they have legal options.
In West Virginia, a death caused by nursing home abuse, neglect, or a failure to provide proper care may support a wrongful death claim. A claim can seek compensation for certain losses while holding the responsible parties accountable.
What Makes a Nursing Home Death a Wrongful Death?
A nursing home wrongful death may occur when a resident dies because the facility or its staff failed to provide the care the resident needed. This can happen through intentional abuse, careless conduct, or neglect.
Common examples include untreated infections, medication errors, dehydration, malnutrition, falls, broken bones, bedsores, and poor medical care. Physical, emotional, or sexual abuse can also cause serious injuries that result in death.
For families who are unsure whether abuse or neglect played a role, reviewing the circumstances surrounding the death can help answer important questions. The Love Law Firm also explains the difference between these forms of mistreatment in What is the Difference Between Nursing Home Abuse and Neglect?.
What Must a Family Prove in a Nursing Home Wrongful Death Case?
A wrongful death case generally requires evidence that the nursing home owed your loved one a duty of care, failed to provide the required care, and that this failure contributed to the injury or death.
Medical records may show that a resident developed an infection, suffered a fall, became dehydrated, or received the wrong medication. Facility records, incident reports, staffing information, medication logs, photographs, and witness statements may also help explain what happened.
In some cases, medical professionals may be needed to explain how the nursing home’s actions or lack of care contributed to the death.
Who May Be Responsible for a Nursing Home Death?
Responsibility may extend beyond one caregiver. Depending on the facts, a claim may involve individual staff members, nursing home management, the facility itself, or other parties involved in a resident’s care. An investigation can help determine who had responsibility for the resident and whether a failure in care contributed to the death.
Staffing problems, poor training, inadequate supervision, medication mistakes, and failures to respond to medical problems may all be relevant when determining what went wrong.
Who Can File a Wrongful Death Claim?
West Virginia law provides that the personal representative of the deceased person’s estate files a wrongful death claim. A will may name the personal representative, or the court may appoint one. Compensation may benefit eligible surviving family members and other beneficiaries under the law.
Because the rules can depend on the circumstances, families should speak with a West Virginia wrongful death attorney before assuming they can or cannot bring a claim.
What Compensation May Be Available?
Money cannot replace someone you love. A wrongful death claim may, however, help address financial and personal losses connected to the death.
Depending on the facts of the case, damages may include medical expenses related to the final illness or injury, funeral and burial costs, lost income or support, and losses involving companionship, care, guidance, and services. Compensation may also be available for the pain and suffering experienced by the person before death and emotional distress suffered by surviving family members.
Punitive damages may also be available in some cases involving especially serious or intentional wrongdoing.
What Evidence Can Help Show What Happened?
Families should preserve records and information related to their loved one’s care. Medical records, medication records, photographs, facility reports, communications with staff, and information about changes in the resident’s condition may all matter.
If medication may have played a role, families can also review medication records and the resident’s medical history. Medication mistakes can involve the wrong drug, the wrong dose, missed doses, or failures to follow medical instructions.
If you have questions about medication mistakes, we also cover this subject in Medication Errors and Nursing Home Lawyers.
What Should You Do After a Nursing Home Death?
If you suspect abuse or neglect caused your loved one’s death, avoid assuming that the death was simply part of the aging process. Ask questions about the care your loved one received and request relevant medical and facility records.
A nursing home wrongful death attorney can review the available evidence, determine whether the facts may support a claim, identify potentially responsible parties, and explain the legal deadlines that may apply.
The Love Law Firm represents families dealing with nursing home abuse and wrongful death in West Virginia. If you believe a nursing home’s abuse or neglect contributed to your loved one’s death, speaking with an attorney can help you understand your rights and legal options. Contact us today at (304) 458-5819 or contact us online to schedule your consultation.
