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.
Did You Have a Loved One Die Because of a Negligent Nursing Home in New York?
By holding negligent parties liable for their carelessness, we can make our community safer. If you have lost someone you love because of a nursing home’s negligence, we encourage you to contact the nursing home wrongful death attorneys with Dalli & Marino as soon as possible. We may not be able to bring your loved one back, but we can help make things right.
Schedule your free, confidential case evaluation by calling us at (888) 465-8790 or by sending us a completed contact form today. We also offer legal representation in Spanish.
