When admitting a loved one to a nursing home, you expect them to receive proper medical attention with dignity and respect. Unfortunately, there have been many cases of nursing abuse and negligence on the part of the facility or staff members. When the nursing home facility fails to meet the accepted level of standard care and dignity, patients suffer injury or wrongful death. If you have lost a loved one due to abuse and negligence at nursing homes in Milwaukee, we at MacGillis Law Group, LLC understand the legal challenges families face. With this blog, we aim to help families who have lost their loved one due to nursing home abuse, explain their rights and legal steps to take for wrongful death.
Can I Sue a Nursing Home for Wrongful Death of My Loved One?
Yes, you have the right to file a wrongful death claim as the deceased person’s representative. However, you should be able to prove negligence on the part of the nursing home that has played a role in the death of your loved one. Filing a nursing home wrongful claim is challenging, with a strict filing deadline. In such cases, you can discuss your case with an experienced Milwaukee wrongful death lawyer at MacGillis Law Group, LLC to guide you through the complex legal process.
When Can Nursing Homes Be Responsible for Wrongful Death?
Nursing homes can be held liable for wrongful death due to their action or inactions that could harm a resident, or proper care could have prevented death. It is necessary to prove negligence or abuse to file a nursing home wrongful death claim:
- Medical Errors: Due to negligence, improperly trained staff and understaffing, fail to give the resident medication properly or wrong medication administrated proving to be fatal.
- Dehydration & Malnutrition: Lack of proper nutrition and fluids, causing dehydration and malnutrition, may result in death.
- Physical Negligence: When caretakers fail to monitor residents daily, particularly residents with can develop serious health issues.
- Lack of Trained Staff: The nursing homes should ensure that all staff members are trained, knowledgeable and experienced to take the best care of employees.
- Unsafe Conditions: Dangerous living conditions, resulting in a fatal fall, leading to death.
How to Determine if I Have to File a Wrongful Death Case Against a Nursing Home?
There some certain circumstances when a wrongful death case can be filed against a nursing home. Under the Wisconsin State law, one needs to prove abuse or negligence led to the death of their loved one.
To sue a nursing home for wrongful death, the following 3 stances need to be proved:
- When a resident is entrusted to a nursing home, the facility owes a duty of care, respect and dignity.
- The duty of care was violated by the caregiver or staff.
- Negligent care or abuse has caused severe harm to your loved one.
- Misuse of restraints, withholding food & medication or pain & suffering resulted in the wrongful death of patients.
How Much Time Do I Have to File a Wrongful Death Case in Milwaukee?
In the state of Wisconsin, you have 3 years to file a lawsuit from the date of death of your loved one. In case you miss the deadline, you lose the right to file a case. It is imperative to note that the time begins from the death date and not when you learn of abuse & negligence on the part of the nursing facility. Though 3 years might sound like a long time, filing a lawsuit as soon as possible is best. These types of cases are sensitive, and it takes time to build a strong case. As the investigation begins, evidence is gathered and if delayed, medical records are deleted, security footage is challenging to acquire, and it’s harder to get accurate information from staff and witnesses.
Contact a Nursing Home Wrongful Death Lawyer Today
When entrusting your loved one to a nursing home, you expect the best care and respect. But failure to do so, resulting in death, is a deeply devastating situation. At MacGillis Law Group, LLC, as a Milwaukee nursing home abuse lawyer, we’ve helped Wisconsin families to seek their rightful compensation. We understand that times like this we extremely challenging and painful, this is why we handle wrongful death cases with utmost care and sensitivity. Call us for a free consultation and discuss your case. Let us protect you.