Wrongful death cases are some of the most emotional and difficult, for many reasons. When another person’s distraction or negligence causes loss of life, the results can be life-altering. Wrongful death is defined as a claim against another party who can be held liable for the death of another. In these instances, you must be able to prove that your loved one’s death was caused as a result of a willful or wrongful act, or the negligence on the part of another person. While a person of any age or stature can be the victim of a wrongful death, one of the most affected groups are the elderly. As we get older, it is only natural to lose our parents, grandparents, or elderly spouses to natural causes. However, when we lose an elderly family member to an accident or an act of negligence or malpractice, it can be quite shocking and hard to deal with.
According to statistics compiled by the U.S. National Library of Medicine, nearly 25 percent of the deaths that occur each year in the United States happen in nursing homes and assisted living facilities. In many cases, these deaths are preventable and only happen because of negligence or malpractice on the part of those tasked with caring for our elderly loved ones. If you have lost a loved one who has been under the care of a nursing home or other assisted living facility, you may be able to file a wrongful death lawsuit. As experienced wrongful death lawyers, we are here to help ensure justice is served and that you receive some level of compensation for the loss of your loved one.
Common Causes of Death in Nursing Homes
It is no secret that the elderly population is susceptible to abuse and neglect, especially at the hand of the institutions that are supposed to be keeping them safe. In recent years we have seen a growing number of people entering nursing homes, and with this a heightened number of elderly abuse and neglect cases. According to the National Center on Elder Abuse, a shocking 44 percent of nursing home patients in the nation have experienced some type of abuse and 95 percent said they had been neglected or witnessed neglect. Here is a look at some of the most common causes of death in nursing homes today:
- Malnutrition and dehydration
- Assault and physical abuse
- Medical malpractice
As you can see, more than half of the causes of death in nursing homes are preventable and happen as the result of a caretaker’s misactions.
Understanding Wrongful Death
If you have lost a loved one because of the negligence or malpractice of someone you trusted to care for your elderly family member, you may be able to file a wrongful death lawsuit against that nursing home and/or individual. Wrongful death is a widespread, all-encompassing field that covers those who have died as the result of anything from a car crash to a slip-and-fall, botched surgery, misdiagnosis, or other form of medical malpractice. By law, a wrongful death lawsuit can be brought by the decedent’s family if the following has occurred:
- The decedent died due to a specific instance of nursing home abuse or neglect
- The decedent died leaving family members
- The family members of the decedent suffered monetary and emotional losses
If you believe you may have a wrongful death lawsuit on your hands or would like to learn more about these types of cases in Texas, please contact Rad Law Firm today.