Wrongful Death in Nursing Homes
Placing a loved one in a nursing home is often a difficult decision. However, it is important that family members acknowledge when they can no longer provide adequate care. In these situations the family should be able to rely on nursing home staff to provide physical, medical, and emotional support for their loved one.
Sadly, it is not uncommon for nursing home employees to neglect residents, or even abuse them. This type of treatment can result in a nursing home wrongful death. Wrongful death lawyer Roger “Rocky” Walton assists surviving family members in Arlington, Grand Prairie, and Fort Worth, TX, in obtaining the compensation they are due following the wrongful death of a loved one.
Proving Wrongful Death
Nursing home residents rely on doctors, nurses, and other staff to oversee all areas of their care, including feeding, hygiene, and medication distribution. If a staff member neglects their duties, or overtly abuses a nursing home resident, it can easily result in illness, injury, or death.
Unfortunately, many care facilities are quick to defend their employees and deny liability when a resident dies. If surviving loved ones believe they have a case of wrongful death, it is important that they work with a knowledgeable attorney, such as Rocky Walton, to prove the claim.
When presenting a case of wrongful death, there are three key elements that must be demonstrated:
- The nursing home had an obligation to care for and protect the deceased
- The nursing home (or a staff member) neglected to meet the burden of care/protection
- Failure to care for and/or protect the deceased was a direct cause of their death
Evidence in a Wrongful Death Case
Wrongful death suits are civil matters, but just like in a criminal case, our attorneys must present evidence to prove a wrongful death claim. For a favorable judgement, the plaintiff must prove the case by a “preponderance of the evidence.” This means that the evidence shows it is more likely than not that a wrongful death occurred. To meet this burden, our legal team relies on many different sources of evidence, which may include:
- Medical records
- Photos of injuries or wounds
- Photos or videos showing nursing home conditions
- Witness testimony (from staff, residents, or visitors)
- Any relevant correspondence within the nursing home or between the nursing home and family
Potential Wrongful Death Damages
Wrongful death is devastating for surviving loved ones. The death of a family member can have both emotional and financial effects. When that loss is caused by another person or party, they should be held liable for all resulting damages. Depending on the details of each case, descendants of the deceased may be due compensation for losses such as:
- Medical expenses (for treatment related to the cause of death)
- Funeral and burial expenses
- Pain and suffering
- Loss of consortium
Contact Our Law Firm
If you suffered the loss of a loved one while they were living in a nursing home, and you suspect wrongful death, attorney Roger “Rocky” Walton can help you explore your right to financial compensation. To schedule a personal consultation, send us a message online at your earliest convenience, or call (817) 429-4299.