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Although it seems straightforward, it can sometimes be difficult to define wrongful death. The simple wrongful death definition is when someone is killed or dies due to someone else’s misconduct or negligence, it is considered a “wrongful death.” This means that the surviving family of the person who died may be eligible to file a lawsuit against the person responsible. However, there are factors that must be present in order for someone to be found liable in a wrongful death claim. According to the Centers for Disease Control, accidents were the third leading cause of death in Florida in 2016 and firearm deaths accounted for 2,704 of the deaths in the state that year. These wrongful death statistics indicate how common claims may be after someone dies, especially if they are young.

Requirements of Defining a Wrongful Death Claim

There are some elements that must be present in order to seek and define a wrongful death claim, according to wrongful death attorneys in Florida. Of course, the first element is that someone must have died and this death must have been caused by someone else’s negligence. A wrongful death action may also be warranted if the person who caused the death intended to harm someone else, such as in the case of a murder. In addition, family members must be suffering monetary injury due to the death and a personal representative may need to be appointed as part of the estate of the person who has passed away.

The family of a New Jersey woman is suing a nursing home after their loved one died as a result of a painful bedsore she reportedly developed while in the center’s care. This is unfortunately an all-too-common scenario for those who entrust their care to nursing homes. Bed sores are not a normal part of nursing home living. They are preventable and treatable if caught early. No one should die as a result of a bed sore infection. 

NJ.com reports the 90-year-old woman was admitted to the facility two years ago with a broken right hip. She was confined to her hospital bed for a period of 100 days, after which point her insurance ran out. In all that time, her family alleges, the doctor and staffers at the facility either failed to notice or ignored the fact that she had developed and was suffering from a serious bed sore on her lower back.

When the woman was returned home to family after her insurance ran out, it was only then they discovered the sore on her back. Her family rushed her to a nearby hospital, where she was diagnosed with a Stage 4 decubitus ulcer. The sore was so far progressed, the woman was suffering from deadly sepsis.  Continue reading →

The troubling increase of mandatory arbitration agreements thrust before new residents at nursing home facilities across the country is the subject of this two-part blog series by our Vero Beach nursing home abuse attorneys.

While many facilities uphold these agreements as “mandatory,” the reality is that many of them are not and you won’t be denied admission if you choose to sign. (Agencies that do deny admittance on these grounds should be considered suspect from the start anyway.)

Arbitration agreements are problematic because they strip the patient and/or his loved ones of the right to seek redress in court if there is some lapse in the quality of care. Instead, claims are handled by professional arbitrators, and outcomes tend to be far more advantageous to the facilities than the patients.
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When seeking a nursing home or long-term care facility for a loved one, you expect that the operating company or agency properly screens caretakers and other employees. Unfortunately, with more for-profit nursing homes cutting corners and costs, many victims are left in the hands of unscrupulous, even dangerous caretakers. In a case that unfolded this week, a felon was working at a Florida hospital for more than a year before authorities performed a background check and fired him.

Nurses, doctors and other medical professionals must take certain tests. While tests and licenses can indicate that an employee has had proper education and training, they may not tell the whole story. Our Fort Lauderdale nursing home abuse attorneys are dedicated to protecting victims and exposing caretakers and facilities in the event of an injury or death. We understand that while legal action cannot reverse the damage that has been done, it can help bring justice for victims and ensure that future patients do not suffer abuse and neglect.
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