When you decide to admit, your elderly loved one into a nursing home, you do so believing they will receive the care they need. Nursing homes are supposed to supervise, provide care and treatment, and help coordinate care for your loved one. Nursing homes undertake these duties so that your loved one can maintain and even improve their health and level of independence. However, many elderly individuals and their families become victims to substandard, negligent, and abusive nursing home care.
When negligence or intentionally harmful conduct leads to your loved one’s death, then you should speak with our Wisconsin nursing home wrongful death lawyers at Studinski Law, LLC. We are ready to review your rights and fight for justice for your loved one. Call us today at (715) 343-2850.
Nursing Home Abuse and Neglect Can Lead to Early Death
Certain substandard care commonly leads to wrongful deaths in nursing homes, including:
- Medication errors
If your loved one has one or more medical conditions, it is essential that they properly receive their medications. This includes getting the proper drugs in the prescribed amounts with food and water as necessary. Common medication errors include elderly individuals not receiving their medications, being given too much or too little medication, or being administered a drug incorrectly.
- Lack of proper supervision
One of the reasons you probably put your loved one into a nursing home was because they needed consistent supervision and help. Many seniors have a difficult time getting around on their own and taking care of their own basic needs like hygiene and nutrition. If the nursing home was understaffed or the staff on duty failed to check on your loved one when necessary, this lack of supervision may be responsible for your loved one’s death.
- Inadequate training
It takes a great deal of education and training to properly take care of others. For example, all staff members at a nursing home need to be property trained to help elderly individuals get around, eat, drink, use the restroom, and clean themselves. There should also be specialty staff available to meet specific needs beyond the activities daily living. If staff members have not been properly trained in how to perform their tasks related to senior care, their actions could be deadly.
If your loved one was the victim of physical or psychological abuse, may have led to their death. Nursing home staff may have been physically violent toward your loved one, used physical or chemical restraints on them, or harassed and emotionally harmed them.
Understanding Wrongful Death Claims in Wisconsin
A wrongful death claim may be available when your elderly loved one’s passing was the result of another person or business’s negligence, recklessness, or intentional wrongdoing. In this instance, your wrongful death claim may be based on the nursing home’s negligence or abuse. Were it not for the nursing home, physician, or other worker’s actions, your loved one would not have died.
You may have the right to file a wrongful death claim if you were the elderly individual’s spouse, domestic partner, child, or parent. If you were not one of these relatives, then you may not have the right to file this type of suit.
Recovering Compensation For Wrongful Death in Nursing Homes
Whether you are a family member or the representative, during a wrongful death claim you can seek compensation from the responsible nursing home for:
- Medical expenses
- Funeral and burial expenses
- Loss of financial contributions
- Loss of inheritance
- Loss of society and companionship
If your loved one left behind a spouse and children, then the compensation recovered may be divided between these individuals. If you were the person’s spouse and the deceased had no children, then you may be entitled to all the compensation. If your loved one had children but no living spouse, then each child may bring a wrongful death claim and must prove their damages individually. If the senior did not leave behind a spouse or children and did not have other close relatives, it may be very difficult to bring a wrongful death claim.
Wrongful Death Claims Against Nursing Homes
If you believe the care your loved one received at a nursing home was a cause of their death, contact our experienced wrongful death lawsuit attorney right away. You will need evidence of the negligence or abuse that took place to prove a wrongful death claim. This often requires an in-depth investigation and opinions from medical experts. At Studinski Law, LLC, we are ready to take on this task and hire the experts you need to support your case. We understand we may be going up against a successful nursing home company that has a well-prepared insurer and legal team. We are not intimidated and will strive to seek justice for your loved one and the compensation you are entitled to under the law.
Contact Our Wisconsin Nursing Home Wrongful Death Lawyers Today
You do not have to move on from losing a loved one due to negligence or abuse without obtaining answers and compensation for your losses. You have a right to seek experienced legal advice regarding a Wisconsin wrongful death or survival claim. If there is evidence that the nursing home breached its duty of care toward your family member, then we are prepared to help you hold the facility responsible. Call us today at (715) 343-2850 to schedule an initial consultation.