Many times, nursing home neglect and abuse can result in the death of a nursing home resident. When this happens, a wrongful death may have occurred, which gives certain people the right to file a wrongful death lawsuit.
So, how does the process work in Pennsylvania? How do you prove that a wrongful death occurred at a nursing home? What evidence is necessary for a nursing home wrongful death lawsuit? And who can file such lawsuits in Pennsylvania?
A Pittsburgh nursing home abuse and neglect attorney at Hal Waldman & Associates explains how the system works and what families need to know.
What Is Wrongful Death?
Wrongful death is a legal term describing a death caused by someone else’s reckless or negligent actions. This means the death likely wouldn't have occurred if the at-fault party had not behaved negligently or recklessly.
Examples of Wrongful Death in Nursing Homes
- Physical Abuse: Hitting, kicking, or punching a resident, leading to fatal injuries.
- Unsafe Conditions: Fatal accidents due to unsafe conditions, like a slip and fall caused by water left on the floor.
- Unsanitary Conditions: Infections, such as sepsis, due to poor hygiene and cleanliness.
- Malnutrition or Dehydration: Death resulting from inadequate nutrition or hydration.
- Failure to Provide Medical Care: Neglecting to provide necessary medical treatment.
- Medication Errors: Administering the wrong medication or failing to provide prescribed medications.
- Understaffing: Insufficient staff leading to neglect and resident death
Evidence in a Nursing Home Wrongful Death Case
To build a strong nursing home wrongful death case, several types of evidence are essential. Medical records, which document the resident’s condition and any hospital or doctor examinations, are crucial for establishing the medical basis of the claim. For example, these records can show a history of neglect or untreated medical conditions.
Nursing home records, including maintenance logs, inspection reports, and staffing records, are also critical. These documents can reveal a pattern of inadequate care or understaffing that contributed to the resident's death.
Security camera footage, if available, provides compelling video evidence of the incidents leading to the death, such as footage of a resident being neglected or abused by staff members.
Finally, witness statements from other residents or staff members can offer firsthand accounts of the conditions and events that led to the resident’s death. These statements can corroborate other evidence and provide additional context to the case.
Criteria for Filing a Nursing Home Wrongful Death Lawsuit
To file a wrongful death lawsuit, you must prove several key elements. First, there must be a duty of care, meaning the nursing home had a legal responsibility to care for the resident.
Next, you must demonstrate a breach of duty, indicating that the nursing home failed to provide the necessary care, thereby breaching their duty.
Finally, causation must be established, showing that the nursing home’s actions or inactions directly caused the resident’s death.
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
Under Pennsylvania law, the following individuals can file a wrongful death lawsuit:
- Surviving Spouse
- Surviving Children
- Surviving Parents
- Personal Representative: The representative of the deceased’s estate.
Time Limit to File a Wrongful Death Lawsuit
In Pennsylvania, you generally have two years from the date of death to file a wrongful death lawsuit, known as the statute of limitations. However, taking legal action sooner is advisable as evidence can disappear, making it harder to build a strong case.
How Can a Pennsylvania Nursing Home Wrongful Death Attorney Help?
Nursing homes may refuse to cooperate after a wrongful death, hoping the family will not pursue legal action. This is why it's crucial to contact a lawyer immediately. Wrongful death lawsuits against nursing homes also often turn into complex legal battles.
An experienced attorney can navigate these challenges, ensuring your case is handled effectively. At Hal Waldman & Associates in Pittsburgh, we understand Pennsylvania's nursing home regulations and are prepared to fight for justice on your behalf.
Get the legal help you need now. Contact us to schedule a free consultation with one of our attorneys. There’s no obligation, just honest answers about your legal options. Don’t wait—contact us today.
