A Decatur, Georgia, nursing home negligence attorney explains the elements of a wrongful death lawsuit
The death of a loved one can be upsetting under any circumstances. But if a family member dies while living in a nursing home or assisted living facility due to negligence, it can be devastating. While no amount of money can bring back your loved one, a nursing home wrongful death lawsuit can provide answers and accountability for grieving family members.
At Kurle Justus, LLC, our nursing home negligence legal team knows all about these types of complicated legal cases. That's because we have worked with many families dealing with the aftermath of the death of a loved one living in a nursing home or assisted living facility. If your loved one died in a nursing home or assisted living facility in Georgia, contact us today to review your potential legal options during a free consultation.
What is wrongful death?
Wrongful death is a legal term used to describe the death of someone due to another person's reckless or negligent actions. In terms of nursing homes, legal cases involving wrongful death mean that the nursing home was directly or indirectly responsible for causing a resident's death.
This might sound straightforward. But proving that a nursing home was responsible for the death of a resident can be much harder than many people might suspect. That's why it's critical that you talk to an experienced attorney right away familiar with the laws that apply to such complex legal cases in Georgia.
Common causes of wrongful death in nursing homes
Wrongful death claims or lawsuits involving nursing home residents can cover a wide range, including:
- Fatal infections due to unsanitary nursing home conditions. Sepsis and septic shock are especially common and can be fatal. Sepsis often involves organ failure due to untreated infections, such as urinary tract infections (UTIs), and respiratory infections, including lung infections.
- Dehydration due to lack of water given to nursing home residents, which results in organ failure, especially kidney failure, which is also sometimes referred to as renal failure.
- Fatal slip and fall accidents in nursing homes due to hazardous conditions in the facility, including water left on the floor, poor lighting in hallways, or loose hand railings on stairs.
- Choking on food, dentures, or other objects. In such cases, wrongful death claims often involve proving that the nursing home did not properly monitor the nursing home resident, which resulted in a fatal choking injury.
- Medical complications due to previous injuries, such as a broken hip, or life-threatening injuries, such as internal bleeding or organ damage.
Negligence and nursing home wrongful death cases
To build a successful wrongful death case against a nursing home, families need to show that negligence occurred. This means the nursing home knew their actions could cause a fatal injury but took such actions anyway.
Other times, negligence may involve what the nursing home did not do, resulting in a resident's death. Such fatalities can occur due to a lack of oversight, understaffing, or insufficient training for nursing home employees.
Whatever the circumstances, families need to provide evidence that negligence occurred to have a strong legal case.
How a nursing home wrongful death attorney can help
Proving negligence and holding a nursing home responsible for someone's death can be challenging. Sometimes, nursing homes deny doing anything wrong. Other times, they might blame the resident or claim they died of natural causes.
Either way, families should be prepared for a tough legal battle. And in many cases, negligent nursing homes hire lawyers to defend their actions and deny legitimate wrongful death claims or lawsuits.
At Kurle Justus, LLC, we can help you during this difficult time. We know how the legal system works in Georgia, and we can work with you to build a strong case in support of the compensation your family deserves. To find out how we can help you, contact our law firm and schedule an appointment with a Decatur nursing home abuse attorney you can count on when it matters most. We handle nursing home wrongful death cases throughout Georgia.