Placing a loved one in a residential nursing facility may stand as one of the most challenging decisions adult children of an elderly parent can go through in life. However, as most people know, no other viable options may exist. When that elderly parent dies unexpectedly, and a wrongful death situation is suspected, pain and anguish are compounded.
The experienced and compassionate wrongful death attorneys at Eason & Tambornini understand the complexities of these situations. When you sit down with one of our wrongful death attorneys for your free consultation, we will help you find the peace of mind you need. Then, we will fight for your right to obtain a fair, maximum settlement if you have unfairly experienced the loss of a loved one in a nursing home.
Proving Wrongful Death
Proving wrongful death in a nursing or residential care home setting presents several challenges due to the many legal and investigative processes involved. Here are just some of those critical challenges:
Establishing Duty of Care and Breach
One element that must be shown in wrongful death claims of this type is that the “duty of care” towards the deceased was breached. Duty of care is an entity or person’s obligation to act reasonably to prevent harm to others. In nursing home settings, the duty of care would apply to employees or healthcare practitioners responsible for maintaining a set standard of care for patients. Breaching or failing to meet that standard of care may be considered negligent. Therefore, the entity, in this case, the nursing home, is liable for any damage that resulted.
The challenge for a wrongful death attorney is to demonstrate that the healthcare staff and employees failed in their responsibilities to provide the expected level of care. Examples include understaffing, resulting in patient neglect, or poorly trained staff.
Proving Causation
Establishing a direct link between the breach of duty and the death of the resident is the fundamental step in proving wrongful death. Complicating factors that may hinder proving causation include a patient’s preexisting health conditions that could be shown to have also contributed to the death. This is why gathering comprehensive medical records and securing expert testimony is valuable in proving causation.
Gathering Evidence
As vital as it is to collect necessary, compelling evidence in wrongful death cases, it can also be challenging. Attorneys who have established professional relationships with investigators specializing in healthcare casework are imperative. Examples of evidence include medical documentation, such as daily logs, eyewitness statements or past reports of misconduct, and video surveillance footage, if any exists.
Overcoming Defenses
Nursing homes often turn to defenses such as contributory negligence to overcome the assertion that the duty of care was breached. Other complications that can serve as defenses include physical, cognitive, or communication limitations. Finally, the statute of limitations may hinder a lawsuit’s progress. Experienced wrongful death attorneys are experts at anticipating potential barriers to the successful outcome their clients deserve.
Overall, proving wrongful death in a nursing or residential care home requires meticulous legal preparation and expertise. Effective wrongful death attorneys must also provide compassionate support as family members navigate the legal system.
Skilled and Affordable Legal Help is Available
The team of skilled wrongful death attorneys at Eason & Tambornini brings over 100 years of legal experience to our work. As respected members of the legal community, we pursue maximum, fair compensation for every client.
FREE Consultation and NO Upfront Legal Fees
Our wrongful death attorneys offer a free, no-risk consultation to discuss the facts of your case. Also, we do accept cases on a contingency basis. You pay nothing until we win a settlement, ensuring your peace of mind and freedom from financial concerns.
You can schedule a free consultation today with one of our wrongful death attorneys Sacramento by calling Eason & Tambornini at (916) 438-1819.
