If you move your relative into a nursing home, you expect them to be well cared for. You don’t expect them to have an untimely death due to the neglect of the staff working there. Unfortunately, many families find themselves in this kind of situation, and if you have lost your loved one you are probably ready to hold any negligent parties accountable. A Corpus Christi, Texas wrongful death lawyer from our firm can help your family sue for damages and navigate the legal process.
What Can Lead to Wrongful Death for Nursing Home Residents?
There are plenty of potential hazards in a nursing home. Things that can lead to a wrongful death include:
- Misdiagnosis or delayed diagnosis of a medical issue
- Neglect
- Abuse from staff or other residents
- Slips and falls or other accidents on the property
- Malnutrition and dehydration
- Mistakes dispensing medication
The nursing home staff is supposed to make sure that your loved one has their needs met and that they stay as healthy as possible. When they neglect these duties, they need to be held accountable for the pain that they cause.
Who Can Be Held Liable When a Nursing Home Resident Dies?
The nursing home staff may be the first to be blamed when a resident experiences an untimely death, but they may not be the only ones to blame. It’s possible that multiple negligent parties contributed to the death of your loved one. Potential defendants include people like:
- The owners of the facility
- Nursing home administrators
- Third-party caregivers who are brought into the facility
- Other residents and staff members
If there is a culture of neglect at a facility, everyone responsible needs to be held accountable.
Who Can Sue For Wrongful Death?
A surviving family member is usually the one who would file the wrongful death lawsuit. Only one suit on behalf of your loved one can be filed. A surviving spouse gets first priority, followed by the children of the deceased, and then the surviving parents of the deceased.
If these relatives are no longer around, the executor of the decedent’s estate can sue on behalf of the family. Other options have to be exhausted and three months must pass without other family members taking action before an executor can act.
How Long Do Families Have to Sue?
Families have two years to sue for wrongful death. If you wait any longer than that, your case is likely to get thrown out due to the statute of limitations. So it is in your interest to act quickly once you have decided to sue for damages.
Schedule Your Consultation
When you are ready to explore your legal options, contact Sahadi Legal Group. Our team can offer you a free case consultation. So schedule an appointment and take the time to learn more about the potential value of your case.