Can You Pursue a Nursing Home Abuse Case if the Victim is Deceased?

Dealing with the loss of an elderly loved one is profoundly challenging, especially when you suspect they were not well cared for. In difficult times like these, it’s natural to feel a mixture of grief, confusion, and a compelling desire for justice. A nursing home abuse lawyer can be an essential resource in helping you understand your legal options and navigate the process.

Today’s post aims to provide guidance, support, and insights into the steps you can take if you believe your family member was the victim of nursing home abuse, even if they have already passed away.

What Is Nursing Home Abuse?

It’s important to begin by clarifying what nursing home abuse really is. Nursing home abuse refers to any kind of mistreatment or neglect that takes place while a resident is staying at a long-term care facility.

This includes any form of abuse (physical, emotional, sexual, etc.), failure to provide proper medical or personal care, failure to supervise residents, or failure to maintain a facility (resulting in safety hazards) properly. Whether this mistreatment comes from staff members, other residents, or even visitors, a case can be pursued by a nursing home abuse lawyer.

Can I Still Pursue a Case if the Victim is Deceased?

Cases of nursing home abuse are deeply saddening and can cause huge strains on the family members of the residents who are being mistreated. Taking legal action can help them regain some justice and peace of mind after tragic situations like these, but this can seem like a difficult task if the victim has already passed away.

The good news is that it is still possible to pursue a nursing home abuse case even if the victim has already died. Working with a skilled nursing home abuse lawyer, families can file a wrongful death case if they believe their loved one’s death was a result of abuse or neglect. This means they can still receive compensation for their loss and hold nursing homes responsible for their actions.

How Can I Prepare a Wrongful Death Case?

The first step in preparing a wrongful death case is ensuring that there is sufficient evidence to back up the case. You must be able to prove that the resident’s death was due to the mistreatment or neglect of the nursing home and that their death could have been prevented if proper care had been administered.

If you believe you have enough evidence, it’s time to call a trustworthy nursing home abuse lawyer.

  1. Go into the conversation with as much information as you can, including dates of incidents, medical records or documents you may have, and any other details.
  2. Your lawyer will evaluate your case, and if they believe you can successfully pursue it, you can start working together to gather more solid evidence. This is one of the most crucial steps of the case because your evidence must be strong enough to prove without a doubt that the nursing home was responsible for your loved one’s death.

The exact evidence you need varies from case to case, but here are some examples of the type of proof you could use to support your case:

  • Records of communications with nursing home personnel
  • Medical records
  • Pictures of injuries
  • Timeline of events and abuse
  • Videos or other records of caregivers mistreating or neglecting the resident
  • Eye witness accounts
  • Statements from healthcare providers describing injuries or illnesses

Your nursing home abuse lawyer can also help ensure all responsible parties will be held accountable, advise you on additional steps to take (like filing complaints or notifying law enforcement) and prepare you for any potential legal proceedings.

Navigating the legal complexities after losing a loved one due to nursing home abuse can be overwhelming, but remember that your legal team is here to help you regain justice, closure, and peace of mind.

Stand Up for Your Loved Ones with PMHP

At PMHP, everyone deserves the resources to fight back against large corporations and big industries like nursing homes. There is no place for mistreatment or neglect of your loved ones. With PMHP, you’ll get the personalized attention, experienced representation, and meaningful support you need to manage these difficult situations.

If you or someone you know is in need of a nursing home abuse lawyer, don’t hesitate to send us a message. We’re here to help.