Can You Sue a Nursing Home for Wrongful Death?
There are cases where nursing home abuse and neglect results in the wrongful death of a patient. Depending on the cause of the death, responsibility for that death may fall on the nurses, nursing homeowners, or caretakers at the facility. Nursing homes may try to hide when wrongful death occurs, blaming the death on natural causes or a patient’s underlying medical issue.
If your loved one died in an Arizona nursing home, and you suspect that nursing home abuse or neglect led to your loved one’s death, the following provides insight into wrongful death lawsuits in Arizona. For answers to specific case questions and concerns, contact an experienced elder abuse attorney in Phoenix your area for more information.
Wrongful Death Claims Require Proving Negligence Occurred
Proving a wrongful death can be difficult. Your wrongful death attorney will conduct a thorough investigation into your loved one’s cause of death, working closely with the coroner and other medical staff who have had direct contact with your loved one both before and after their death.
Your attorney will review any previous reports regarding the nursing home’s safety record, staff, resident complaints, or other existing signs of negligence within the home. This includes any reports you made regarding your loved one’s living conditions or treatments, whether they were followed up on by the nursing home or ignored.
Any complaints made on your loved one’s behalf that were ignored show negligence on behalf of the nursing home as it is the legal duty of a nursing home management team to investigate any complaint that involves their residents.
Other Factors Considered When Proving Negligence
In addition to medical evidence, nursing home records, and conditions at the nursing home, your loved one’s mental capacity and physical condition at the time of death will be considered when proving nursing home negligence.
This includes health conditions:
- Caused by neglect or negligence like bruising, broken bones, and other injuries;
- That could impair memory or decision-making; and
- Related to the environment in which they were living.
Relationship Status to the Deceased
Before evidence becomes a factor, you must ensure you qualify to bring a nursing home wrongful death suit in Arizona. To do so, you must meet one of the following legal qualifications or fall under one of the particular relationship statuses with the deceased:
- A parent;
- A surviving legal guardian;
- A spouse or legal partner;
- A child; or
- A trustee or beneficiary is listed within the will.
Contact an Experienced Arizona Nursing Home Wrongful Death Attorney
If you suspect your loved one is suffering neglect in their nursing facility, notify the facility and document any signs or symptoms of neglect. You can also file a legal complaint against the nursing home by contacting The Arizona Department of Health Services.
If your loved one died due to nursing home neglect, contact Knapp & Roberts in Phoenix. Our nursing home wrongful death attorneys in Phoenix can help build your legal case against the nursing home and find justice for you and your loved one.
Contact Knapp & Roberts today to schedule a meeting with one of our compassionate and determined nursing home wrongful death attorneys. We can answer your most pressing questions and start your case immediately before any evidence disappears.
We look forward to meeting with you and your family at your earliest convenience.
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The personal injury attorneys in Phoenix, Arizona at Knapp & Roberts have the compassion and trial lawyer skills to tell your story to a jury. We will get to know you and your family so that we can help the jury understand what has happened to you and your family and how it has changed your lives. Obtain the compensation necessary for the injuries and losses you have suffered.