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Reviewed by an award-winning attorney at DALLI MARINO
Salvatore Marino, Esq. is a founding member of Dalli & Marino, LLP, and has been the managing partner since the firm’s inception in 1996, representing clients in New York City, Brooklyn, Bronx, Queens, Staten Island, Nassau County, Suffolk County and Westchester.
Your Trusted Nursing Home Wrongful Death Lawyers
At Dalli & Marino, LLP, we understand the deep trust families place in nursing homes and the heartbreak when that trust is broken. Since 1996, our New York City nursing home abuse lawyers have fought tirelessly to protect seniors from neglect, physical harm, emotional abuse, and financial exploitation. We’ve secured millions in verdicts and settlements, giving families the justice and compensation they deserve. If you suspect your loved one is suffering from nursing home abuse or neglect in New York City, contact us today for a free consultation. Se habla español.
When a loved one passes away from illness or natural causes, there is never much you can do other than grieve. However, if a loved one passes away because of a negligent nursing home or nursing home staff, you may be able to pursue justice for your losses with the help of a New York wrongful death attorney.
Although no amount of money can ever sincerely compensate for the loss of a loved one, a wrongful death lawsuit may help provide a sense of closure for the surviving family and help with any financial expenses you may have incurred due to the negligent party’s actions. At Dalli & Marino, we represent New York families grieving the loss of a loved one due to a nursing home wrongful death.
What is a Nursing Home Wrongful Death and What Damages Can Be Recovered?
In the state of New York, if someone you care about suffers an injury due to a reckless, criminal, or careless act of another party and the damages suffered in the accident are so severe that it causes the victim to pass away, you may be able to file a lawsuit for wrongful death.
The personal representative of the deceased’s estate can file a wrongful death claim to recover compensation for damages such as:
- Pain and suffering experienced by the deceased between the time of injury and death
- Medical expenses between the time of injury and death
- Funeral and burial expenses
Although some states allow surviving family members to claim compensation for their own personal mental anguish, nor for their own loss of love, affection, consortium, companionship, or sexual intimacy, the state of New York does not.
Common Types of Nursing Home Injuries that Can Result in a Wrongful Death in New York
Unfortunately, there are many types of injuries that our elderly loved ones can suffer in nursing homes that could ultimately result in their death. Some of the more common injuries that result in nursing home wrongful deaths in New York include:
Bedsores
Prolonged pressure on the skin can result in bedsores (also known as pressure sores or pressure ulcers). These painful sores can penetrate so deep into the skin that they leave muscles, bones, and tendons exposed. Bacteria entering these open wounds can result in life-threatening infections. To prevent bedsores, nursing home staff must reposition residents confined to wheelchairs every 15 minutes and residents confined to beds at least every two hours.
Medication errors
As we age, we are often prescribed more and more medications. It is not uncommon for elderly nursing home residents to be on 20 or more medications at a time. This can make it difficult for understaffed nursing homes or poorly trained employees to administer medication properly – resulting in a higher risk of error, such as overdosing or mixing medications. These errors can prove to be fatal.
Neglect
Elder neglect in nursing homes can take many forms, including medical inattention, failure to provide proper nutrition or hydration, or failure to maintain a resident’s hygiene. Such neglect by caregivers in a nursing home can eventually lead to death.
Falls
Falls are one of the leading causes of accidental death in seniors. What may seem like a mild fall to a younger person can be detrimental to an older adult. It is the responsibility of the nursing home staff to prevent fall accidents by supervising fall-risk residents, ensuring proper use of lift devices, having safety devices such as handrails installed, and keeping floors dry and well-lit.
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