What to Do If Your Loved One Died from Nursing Home Abuse
When you move an elderly loved one into a nursing home, it’s with the assumption that he or she will eventually pass away peacefully while living there. Senior citizens don’t typically relocate to a long-term care facility with the intention of moving out someday.
If your relative died a lot sooner than anticipated due to abuse or negligence, you may have grounds for a claim against the nursing home facility. Questioning the death of an 80- or 90-year-old loved one may seem absurd, but it’s something that wrongful death attorneys encourage all families to do. Depending on the circumstances, the facility may be liable for funeral expenses, medical costs related to the fatal injury or illness, and other damages.
To help your case get off to a strong start, take these five steps:
1. Call a Personal Injury Lawyer
A resourceful law firm can conduct a thorough investigation to determine whether your loved one’s death was caused by negligence or abuse. Important evidence may eventually be altered or destroyed, so it’s important that your attorney can initiate the investigation right away.
2. Gather Relevant Records
Compile documents that will help facilitate your legal team’s investigation. Examples include:
- Nursing home records;
- Hospital intake forms and discharge paperwork;
- Photographs of any visible bruises or lacerations;
- Statements from other residents or their visitors; and
- The autopsy report and/or death certificate.
3. Write Down Everything You Remember About the Potentially Questionable Care Your Loved One Received
Were there a series of unexplained hospitalizations toward the end of the victim’s life? Did you notice any bedsores or extreme weight loss on your last few visits to the nursing home?
Write down everything you can remember about your loved one’s declining health as soon as possible. No detail is too small to include.
4. Track Damages
In the state of New York, eligible beneficiaries may seek compensation for reasonable funeral and burial expenses, loss of support and services, and medical expenses accrued over the course of the final injury or illness. The personal representative of the deceased’s estate may also bring a survival action. Such claims aim to compensate the estate for any damages the deceased experienced prior to passing such as pain and suffering.
5. Avoid Posting About the Situation Online
It’s only natural to turn to your online friends and followers for support following such a traumatic loss. Because the insurance adjuster could be monitoring your social media presence, though, it’s best to avoid posting about the situation at all until the case has been resolved.
Discuss Your Claim with a Nursing Home Neglect Lawyer in New York
If your loved one died from complications caused by nursing home neglect or abuse, turn to the compassionate team at LoTempio P.C. for guidance. Our resourceful personal injury attorneys will help your family navigate every stage of the proceedings. Call 716-855-3761 or use our Online Contact Form to set up a free case review with a wrongful death attorney in New York.