Nursing homes and long-term care facilities are supposed to help elders age gracefully with proper care and attention. Families often drain savings and work tirelessly to find adequate accommodations for their elderly loved ones. It’s incredibly disturbing when an elder dies too soon because of a nursing home’s abuse and neglect.
Oddly enough, there are few studies that properly address abuse in nursing homes and there’s even fewer protection laws preventing elders from abuse. Most cases of abuse are under reported, and often don’t find justice. Speaking up against elder abuse is still taboo for many people, and nursing homes turn a blind eye to most elder abuse.
This is why the partners at My Case Helper will get you retribution if your elder dies as a result of nursing home abuse.
Also Read: What’s a Wrongful Death Lawsuit
Filing A Wrongful Death Lawsuit Against A Nursing Home
Normally, only “real parties of interest” can file a wrongful death lawsuit. Most wrongful death lawsuits against nursing homes are filed by the elderly victim’s children. Other real parties of interest include:
- Spouses and domestic partners
- Children or dependants
- Siblings if the victim has no descendants or spouses
- Anyone with financial ties to the victim
- The victim’s estate executor
Even if you’re not a real party of interest, you can still get compensation for your elder’s death. Be sure to also read our article on wrongful death lawsuits to see who else qualifies to file on behalf of a deceased elder.
Also Read: What’s a Wrongful Death Lawsuit
Almost all wrongful death lawsuits name the nursing home as the defendant, or the “at-fault” party. Other defendants commonly named include:
- Nursing home administrators
- Physicians and nurses
- Other staff members
Almost half of all wrongful death nursing home claims are from neglect. Upon an elder’s death, evidence such as bed sores, ulcers, dehydration, and weight loss suggest that the elder was not receiving proper care. From there, family members discover even more horrific details of their elder’s death and final years of life in the nursing home.
Average Settlements For Nursing Home Abuse Lawsuits
Across the country, for-profit nursing homes receive over $99 billion from families and elders every year. This is why due diligence is normally 3 times higher than other medical malpractice claims.
Wrongful death lawsuits are not criminal cases, but are civil lawsuits. This means the plaintiff often receives compensation from the defendant. The defendant will not serve jail time or face criminal charges unless the abuse was extremely heinous.
Wrongful death lawsuits against nursing homes are usually double what a normal medical malpractice suit is. On average, most wrongful death claims, whether they’re settled in or out of court, wrongful death lawsuits against nursing homes are around $400,000 per claim.
You can receive compensation for your elder’s death to cover things such as:
- Medical expenses
- Funeral and burial or cremation expenses
- The elder’s pain and suffering
- Your mental anguish and pain
It’s nearly impossible to give an exact estimate for a wrongful death settlement. Be weary of any lawyer who does promise an exact amount.
A good lawyer will go over all your pain, suffering, and expenses, then discuss a rough estimate of what your elder deserves.
Types Of Abuse In A Nursing Home
Nursing homes and attendants aren’t perfect, sometimes a trip or fall can happen. However, it’s important to note that your elder’s nursing home should have open communication about these accidents. Your elder’s nursing home is legally responsible for the care and well-being of all residents in the home. This means reporting any accidents to families as soon as they happen.
Elders can face any kind of abuse. Although elders are still adults, they have the same vulnerability as children. Common forms of elder abuse in nursing homes that lead to an untimely death include:
- Physical abuse
- Sexual abuse
- Neglect
- Over or under medicating
Nursing homes often over medicate their patients as a way to make them easier to handle. This may also lead to physical abuse if an elder does retaliate. In other instances, nursing homes will be overwhelmed with the number of patients they have, and will neglect and ignore the needs of most of their patients.
Most abuse goes unreported because an elder is either unable to, fears for their safety, or they’re embarrassed. Knowing the signs of abuse yourself prevents elder abuse.
Some common signs abuse to look out for include:
- Poor general health and hygiene
- Seems withdrawn and has an overall poor mood
- Bruises, cuts, or marks from physical and sexual abuse
- Over or under medicating
Commonly, the elders most at-risk of abuse in nursing homes are either minorities, or have a disability. Anyone who encounters suspected abuse should report it as soon as possible.
Also Read: 7 Signs Of Elder Abuse And How To Report It Safely
Get Compensation For Your Elder’s Death Now
If you have a beloved elder that’s sadly passed because of a nursing home’s abuse and neglect, call My Case Helper. You only have a limited time to file a wrongful death lawsuit after your elder has passed. To see if you can get compensation for your pain and suffering, call a lawyer now.
