Who Can File a Claim for a Nursing Home Death?
It is something that no one wants to think about but nursing home abuse is more common than people think. In some cases, residents suffer such harm that they do not survive the neglect or abuse. In these cases, family members of residents may be able to file a claim against the nursing home to recover compensation for funeral and burial expenses, and other losses associated with the death. These cases can only be filed by certain individuals in Florida, however. Below, our Tampa nursing home death lawyer explains in greater detail.
What is Wrongful Death in Nursing Homes?
Wrongful death in nursing homes occurs when a resident passes away due to the intentional or negligent actions of staff members, administrators, doctors, nurses, and other employees of the facility. While wrongful death claims can provide compensation to loved ones for their loss, it can also hold facilities accountable for their actions and helps to ensure no one else suffers harm as a result. There are many causes of wrongful death in nursing homes and they are as follows:
- Physical abuse
- Sexual abuse
- Failure to intervene in resident-on-resident violence
- Medication errors
- Misdiagnosis of a resident’s medical condition or delayed diagnosis
- Neglectful hygienic conditions
- Unsanitary conditions in the nursing home
- Bed sores
Who Can File a Wrongful Death Claim Against a Nursing Home?
In other states, close loved ones such as spouses, children, and parents of the deceased can often file a wrongful death claim. In Florida, however, only personal representatives can file a wrongful death claim on behalf of the estate. A nursing home resident’s personal representative is named in their will. If a resident passed away without a will, the probate court will appoint a personal representative who can file a claim.
Loved ones may also be designated as personal representative but lawyers and other professionals may also serve in this role. Regardless of who acts as personal representative, they will distribute any compensation obtained in a wrongful death claim among a resident’s beneficiaries as outlined in their estate plan or according to Florida’s intestacy laws.
How to Prove a Nursing Home Wrongful Death Claim?
When filing a claim after a nursing home wrongful death, you will have to prove certain elements of your case. These include:
- The nursing home was legally obligated to provide the necessary care and support to the deceased resident.
- The nursing home breached the duty of care by engaging in negligent acts or intentional wrongdoing.
- There is a direct link between the acts of the nursing home or staff member and the resident’s death.
- The deceased’s loved ones suffered harm as a result of the death.
Our Nursing Home Death Lawyer in Tampa Can Answer Your Questions
When filing a nursing home wrongful death claim, you will likely have many questions. At Kohn Law, our Tampa nursing home death lawyer can answer them and guide you through the process so you obtain the best outcome possible for you and your family. Call us today at 813-428-8504 or fill out our online form to request a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.16.html
