If your loved one was killed because of nursing home negligence in Springfield, Ohio, you can bring a nursing home wrongful death case against the negligent nursing home facility. While this legal action cannot bring back your loved one, it may hold the negligent parties accountable and get justice for your loved one. You may also be able to recover compensation for damages.
A Springfield nursing home wrongful death lawyer from the Fitch Law Firm LLC can represent you and provide dependable legal support during your case. Our team can help you gather evidence, file a lawsuit, and seek justice for this avoidable tragedy.
Why You Should Consider Filing a Lawsuit for Your Loved One’s Nursing Home Neglect
Nursing home residents deserve competent medical care and compassionate treatment from the staff. However, a shocking number of nursing home residents do not receive the skilled care and respectful assistance they deserve. Tragically, nursing home neglect often leads to the resident’s death.
If your loved one died because of substandard treatment, neglect, or intentional abuse in a nursing home, a nursing home wrongful death lawsuit can hold the liable parties accountable through civil law. You may also be entitled to monetary damages.
For a free legal consultation with a nursing home wrongful death lawyer serving Springfield, call 614-963-2808
Damages You Can Seek in a Nursing Home Wrongful Death Claim
Damages are the losses that you suffered because of your loved one’s death. In nursing home wrongful death cases, you may be able to recover compensation for economic damages, including:
- Your loved one’s medical bills
- Funeral and burial expenses
Non-economic damages are the losses a family suffers because of a death and that are personal or intangible. You may be entitled to compensation for non-financial damages, including:
- Loss of your loved one’s companionship and consortium
- Loss of your loved one’s guidance
Springfield Nursing Home Wrongful Death Lawyer Near Me 614-963-2808
How a Lawyer Can Help You Gather the Evidence You Need to Build a Strong Claim
A Springfield nursing home wrongful death lawyer from the Fitch Law Firm LLC can help you understand your legal options after the loss of a loved one. We can handle your wrongful death case on your behalf so that you can focus on grieving.
Nursing home wrongful death claims are often especially difficult to prove. The nursing home may argue that the resident’s death was caused by their preexisting illnesses or was unrelated to negligent care at the facility.
The Fitch Law Firm LLC can help you by gathering evidence like nursing home staff schedules, training records, hiring procedures, medical records, and more. We can also consult with medical professionals and other experts to build a strong case on your behalf.
When Is a Nursing Home Patient’s Death Considered a “Wrongful Death?”
Ohio Revised Code (ORC) §2125 describes the laws in Ohio pertaining to wrongful death actions. According to the law, a wrongful death lawsuit is possible when:
- An individual’s death is caused by a wrongful act, neglect, or failure to act; and
- If the individual had survived, they would have had the right to pursue damages for their injuries.
A wrongful death lawsuit can be thought of as a personal injury lawsuit that is brought on a deceased person’s behalf. Wrongful death lawsuits are civil legal actions that are separate from any criminal proceedings brought by the state against the liable party.
Individuals Who Can Bring a Wrongful Death Action in Ohio
Most commonly, a wrongful death lawsuit is brought by the decedent’s:
However, other family members may be able to bring a wrongful death lawsuit in some cases.
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Nursing Home Residents’ Rights Are Protected By Ohio Law
ORC §3721.13 provides specific rights to nursing home residents, including but not limited to:
- The right to a safe and sanitary living environment
- The right to be free from abuse
- The right to receive appropriate medical care
Violations of this law may help establish negligence and liability in your case.
Examples of Fatal Nursing Home Neglect that We Can Help You Sue for
Neglect is generally defined as disregard for the needs or safety of another person. Nursing home residents are often frail due to illness or old age. Because of this, nursing home neglect is often fatal.
One of the essential responsibilities that nursing home staff have to residents is to provide the medication that they need. Most nursing home residents require one or more medications to treat or prevent medical conditions. Medication mistakes that can result in a resident’s death include:
- Giving the resident the wrong medication
- Giving the resident an incorrect dosage of medication
- Using an incorrect administration technique
- Skipped doses of medication
Failing to Provide Adequate Medical Care
Nursing home staff are also responsible for monitoring residents’ health and providing for their medical needs. A failure to do so can lead to a resident’s untimely death. Medical neglect includes:
- Failure to recognize signs of illness or injury
- Failure to refer the resident to the appropriate medical specialist
- Failure to provide necessary medical treatment
- Ignoring patient requests for medical care
Failure to Prevent Injury
Elderly individuals are very vulnerable to injury. A failure to provide appropriate assistance with hygiene needs can lead to preventable injuries, such as infections. This may include:
- Failing to properly attend to a resident’s toileting and bathing needs
- Failing to keep the facility clean and sanitized
- Failing to prevent foodborne illnesses
- Failing to prevent bedsores by frequently repositioning residents with limited mobility
Improper Resident Transfer
Many nursing home residents are unable to move around without assistance. Nursing home staff must help residents in and out of their wheelchair or bed. If the staff is not trained on how to transfer residents properly, they may drop or otherwise fatally injure the resident.
Nursing home residents must be properly supervised. Residents with Alzheimer’s disease or dementia can wander into dangerous areas or even leave the facility if they are not monitored closely.
Call Our Skilled Attorneys at the Fitch Law Firm LLC for a Free Consultation
If your loved one passed away and you suspect that nursing home neglect contributed to the death, contact the Fitch Law Firm LLC. A Springfield nursing home wrongful death lawyer from our firm may be able to seek justice and financial recovery on your behalf. Call (937) 247-6521 for a free case assessment today.