Like many, you may entrust a nursing home to care for your elderly loved one. While some deaths are natural and unrelated to nursing home wrongdoing, many deaths are preventable. Those who have lost a loved one to preventable death in a care facility may be eligible to file a wrongful death claim. When a loved one passes away due to negligence, family members are often faced with unforeseen expenses. By pursuing a wrongful death lawsuit, family members may be able to recover the financial compensation they need. Please continue reading to learn the most common causes of death in nursing home patients and why connecting with a compassionate New York City Wrongful Death Lawyer is in your best interest during this difficult time.
What Are the Common Causes of Wrongful Death in New York Nursing Homes?
Unfortunately, old age is not the only cause of death in nursing homes. Nursing homes like any other business are constantly looking for ways to maximize profits. This results in plummeting care quality, leading to more residents getting ignored, neglected, and suffering poor health outcomes. Some of the most common causes of wrongful death in New York nursing homes include but are not limited to the following:
- Slip and fall accidents
- Physical abuse by caregivers
- Restraint injuries
- Dehydration and malnutrition
- Unsanitary and unsafe conditions
- Infections
- Bed sores
- Medication errors
- Wandering and elopement
- Understaffing
Who Can File a Wrongful Death Claim in New York?
If a resident of a nursing home died due to abuse, neglect, or other actions or inactions of the facility or its staff, you might be able to pursue a wrongful death claim. However, before you can file a claim, you must ensure that the death in question meets certain standards:
- The death must have been caused by another party’s negligence
- If the deceased party had lived the act would have been considered illegal
- The deceased party left behind a family who has incurred financial losses because of the death
In several states, multiple parties who were affected by the loss of their loved one can file a wrongful death claim. In New York, this is not the case as only the personal representative of the decedent’s estate is permitted to file a wrongful death claim and seek damages on behalf of the decedent’s family.
As you can see, nursing home deaths often arise due to the failure of a care facility to protect residents from harm. If a loved one has passed away due to negligence, it’s in your best interest to contact an experienced lawyer from The Bàez Legal Group, who can help you fight for the justice your family deserves. Connect with our firm today to learn more about wrongful death claims in New York and how our firm can assist you.
