Did somebody you love pass away as a result of negligence, abuse, or neglect? The loss of a loved one is always a devastating experience, no matter how they die. However, when they die due to circumstances that could have been avoided, it’s not uncommon to be angry or confused.
Nursing homes are supposed to be facilities that you can trust to adequately, properly, and consistently take care of your elderly family and friends. When they fail to uphold their duty of care, the consequences can be fatal, but a Kennesaw nursing home abuse lawyer can help.
At Schenk Nursing Home Abuse Law, we’ve secured millions in compensation for victims of nursing home abuse. With 17 years of experience, we are committed to fighting for your rights as your Kennesaw nursing home wrongful death lawyer.
The Basis of Wrongful Death in a Nursing Home
In Georgia, the law defines wrongful death as the loss of life caused by another party’s negligence, recklessness, or misconduct with intention. Your Kennesaw nursing home wrongful death attorney can help you prove the extent of the negligence your loved one endured.
In the context of nursing homes, wrongful death claims are often brought forward when a resident dies due to the facility’s failure to provide adequate care or protect the resident from harm.
Here are examples of negligence that can cause a wrongful death in a nursing home:
Neglect or Failure to Provide Adequate Care
Nursing home staff are responsible for ensuring that residents receive timely medical attention, proper nutrition, hygiene care, and assistance with daily activities. When staff members fail to meet these needs, it can result in malnutrition, dehydration, infections, falls, or other life-threatening conditions that may ultimately lead to death.
Falls and Accidents
Many nursing home residents suffer from reduced mobility, which puts them at an increased risk of falling. When nursing homes fail to take precautions to prevent residents from falling—such as using safety rails, installing non-slip floors, or assisting residents when moving—falls can result in injuries or fatalities.
Abuse
In some cases, nursing home staff may intentionally harm residents through physical abuse or neglectful behavior. This can include hitting, pushing, or otherwise hurting residents.
Abuse also manifests as inadequate care, such as failing to assist residents with bathroom needs, leaving them in soiled clothes, or ignoring their emotional well-being. Abuse often leads to physical harm, which—if left unaddressed—can result in death.
Failure to Prevent Infections
Infections are a common cause of death in nursing home residents. Whether caused by urinary tract infections, pneumonia, pressure sores, or other conditions, infections can rapidly progress to sepsis, organ failure, or death. Negligence in preventing or treating these infections can cause fatal outcomes.
For a free legal consultation with a nursing home wrongful death lawyer serving Kennesaw, call
Georgia’s Wrongful Death Law and Nursing Home Claims
Under Georgia law, the Wrongful Death Act allows the surviving family members of a person who dies due to another party’s negligence to seek compensation. The claim can be brought by the decedent’s surviving spouse, children, or parents, depending on the circumstances.
In the case of a nursing home wrongful death, the decedent’s estate or surviving family members can pursue a civil claim against the nursing home facility. To file a wrongful death claim in Georgia, you must prove that the nursing home’s actions or inaction caused the death.
Here are the specific elements your nursing home wrongful death attorney in Kennesaw must establish as part of your wrongful death claim:
- Duty of care: First, you’ll need to show that the nursing home had a legal duty to provide appropriate care to its residents. This includes monitoring residents, ensuring their safety, prioritizing their health, and providing them with necessary medical attention.
- Breach of duty: Then, it’s time to prove that the nursing home breached its duty of care. This can occur through neglect, abuse, improper medical treatment, or failure to follow safety protocols.
- Causation: From there, you’ll need to demonstrate how the breach of duty directly caused or contributed to the death of the resident. In other words, it must be shown that the nursing home’s actions or inactions resulted in fatal harm.
- Damages: Last but not least, you must showcase that they suffered damages as a result of the resident’s wrongful death. This may include the loss of financial support, funeral expenses, emotional pain, and loss of companionship.
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Identifying the Signs of Wrongful Death in Nursing Homes
Several signs may indicate a loved one’s death was the result of nursing home negligence or abuse, including:
- Unexplained injuries: If a resident has bruises, cuts, or broken bones that cannot be explained or appear to have been inflicted in an unusual manner, this could be a sign of abuse or neglect.
- Rapid decline in health: A sudden, unexplained decline in a resident’s health, such as the onset of infections, sepsis, or respiratory failure, may indicate that the facility failed to provide adequate medical care.
- Inadequate hygiene or soiled conditions: If a resident’s clothing, bed, or body is consistently soiled, or they appear neglected, this could be a sign that the nursing home staff is failing to provide basic care.
- Changes in behavior or mental state: Emotional or physical abuse can lead to changes in behavior, such as withdrawal, fear, anxiety, or aggression. These changes can sometimes precede fatal outcomes.
- Lack of proper medical intervention: If a nursing home fails to seek timely medical attention or administer prescribed treatments, it can lead to complications that may ultimately result in death.
Reach Out to Our Nursing Home Wrongful Death Law Firm in Kennesaw for More Information Today
Nursing home wrongful death claims are deeply emotional, but they can also be legally challenging. When a loved one dies in a nursing home due to negligence, abuse, or neglect, the surviving family members have rights in the eyes of the law.
If this is a situation you have unfortunately found yourself in, you can work toward seeking justice and pursuing compensation for your losses. Families whose loved ones died as a result of misconduct should call our Kennesaw nursing home wrongful death lawyers right away.
At Schenk Nursing Home Abuse Law, we can help you understand your options and how to start the process of filing a wrongful death claim. The sooner you call our attorneys, the sooner we can help hold the responsible nursing home accountable for their actions. Call now.