September 08, 2023, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
Placing a loved parent or close family member into a nursing home is never an easy decision. The hope is that these facilities will provide a safe and caring environment for our elderly family members, ensuring they live their final years in comfort and dignity. However, what happens when this trust is shattered? When you discover that your vulnerable parent has suffered due to poor care or even abusive behavior within the very institution you entrusted them to?
Nursing home fatality claims are complex and emotionally charged legal matters that demand attention. At Deutschmann Personal Injury Law, we understand the pain and confusion families go through in such situations. We are committed to helping you seek justice and compensation for your loved ones who have suffered due to negligence or misconduct within nursing homes.
Assessing the Care Provided
When it comes to nursing home fatality claims, several critical aspects need to be examined to determine the validity of the case. These include:
1. Type of Care Provided
Was the care provided appropriate for your loved one's needs, medical condition, and overall well-being? Our experienced legal team will investigate whether the nursing home staff met the standards of care expected.
2. Breach in the Standard of Care
If there was a breach in the standard of care, we will determine whether this breach directly contributed to the premature death of your parent. Neglect or improper treatment can have severe consequences.
3. Signs of Abuse and Neglect
Common signs of abuse and neglect in nursing homes include untreated or poorly treated bedsores, unexplained weight loss due to malnutrition, inadequate personal hygiene, unsanitary living conditions, lack of proper supervision, and medication errors. Identifying and documenting these signs is crucial for building a strong case.
4. COVID-19 Challenges
The onset of the COVID-19 pandemic has further complicated nursing home situations, making them particularly dangerous for vulnerable clients. Could fatal outcomes have been avoided? This question necessitates a thorough investigation and legal assessment to determine accountability and liability.
The Legal Process
To establish the viability of a nursing home fatality claim, we conduct a comprehensive review of medical and nursing home records. This review aims to assess the treatment provided and the cause of death. In some cases, we may consult medical experts to evaluate the care provided by the nursing home and its potential impact on the patient's demise.
Damages in a viable nursing home fatality claim can encompass a wide range of considerations, including:
- Pain and suffering experienced by the deceased.
- Family law act claims on behalf of surviving family members.
- Aggravated damages to account for the mental distress inflicted on family members.
- Punitive damages to hold responsible parties accountable for reckless conduct that disregarded the care and life of your parent.
- Breach of the nursing home's contractual duty to your loved one.
Seeking Justice: Your First Step
Investigating a nursing home fatality claim is a meticulous process, and the first step is to contact one of our experienced personal injury lawyers. We will review the circumstances surrounding your parent's case, analyze the evidence, and provide you with an opinion on the validity of your family's claim.
Your loved ones deserve dignity and proper care in their final years. If you suspect that your parent's nursing home failed to provide the care they deserved, don't hesitate to reach out to Deutschmann Personal Injury Law. We are here to support you in seeking justice for your loved ones and ensuring that negligent nursing homes are held accountable for their actions.
Contact us today to set up your free consultation. Together, we can work towards a safer and more compassionate environment for our elderly loved ones in nursing homes.