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How To Prove Neglect And Malpractice After A Wrongful Nursing Home Death

12 February 2016 by Franklin Vasquez

Even though you may have expected that your loved one might pass away while in a nursing home, this doesn't mean that you expected your loved one to go so soon or that you expected your loved one to pass away in a manner that suggests abuse or neglect. To pursue a wrongful death case, though, you will need to obtain evidence that your loved one's death was specifically caused by the nursing home, that specific caregivers or staff members engaged in actions that contributed to your loved one's death, and that the victim's death resulted in pain and suffering for others.

Separating The Natural Decline Of Health From Neglect

Declining health is considered to be a natural part of being in a nursing home, so you will need to find evidence that something occurred that was beyond what is normally expected to occur. For example, if your loved one was given the wrong medication and this caused a reaction that lead to your loved one's death, this would be evidence to use in a wrongful death case.

The Role Of An Autopsy And Medical Report

An autopsy and your loved one's medical records will play a crucial role in determining what was the cause of the wrongful death. One of the most common reasons is that the patient suffered from malnutrition or dehydration. Patients often have a difficult time articulating how they feel, so it is the responsibility of staff members to identify signs of dehydration or malnutrition and to take the appropriate corrective actions.

Proving That Malpractice Occurred

Wrongful death cases are often medical malpractice cases. For a wrongful death case to be a medical malpractice case, you will need evidence that the treating physician deviated from the standard of care. For instance, if there is a symptom that tends to indicate the presence of a particular condition that your loved one should have been treated for, but the treating physician failed to respond to these symptoms, this could be used as evidence of malpractice.

Why You Should Seek Compensation

Filing a lawsuit for wrongful death is not only about receiving compensation for the pain and suffering that you received as a result of your loved one's death, but it is also about deterring nursing homes from taking actions that could lead to the death of others. Therefore, it is a very good idea that you consider contacting a wrongful death attorney (like Master Weinstein Shatz Moyer, P.C.) if you believe that your loved one was a victim.

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