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When Is a Nursing Home Responsible for a Resident’s Death?

CHICAGO, IL – Nursing home residents are normally elderly individuals, sometimes in poor health, so unfortunately, nursing home deaths are not uncommon. Many residents succumb to his or her illness or of old age; however, there are certain situations where death is preventable. If you have lost a loved one living in a nursing home facility, you may question whether your loved one’s death was caused by poor care or neglect. If a nursing home’s wrongful death or negligent actions lead to a resident’s death, the surviving family members have the right file a wrongful death claim against the nursing home facility.

How Do I Know If My Loved One’s Death Was a Wrongful Death?

Wrongful death is “a death caused by the wrongful act of another, either accidentally or intentionally,” (Cornell Law School). When a party is negligent, careless, or wrongful actions lead to another person’s death, had that person survived, he or she would be entitled to bring a wrongful death claim against the party. Wrongful death claims is intended for a family member of the deceased individual to obtain compensation for the companionship lost due to the death of your loved one. Wrongful death claims attempt to offset any financial hardships you may face while dealing with your loved one’s death.

A skilled wrongful death lawyer will use a variety of strategies to investigate your loved one’s death. Documents included in wrongful death claims include all medical records, staff schedules, witness statements, incident reports, the nursing homes policies and procedures, and photos and videos of the facility.

Signs Your Loved One’s Death May Be a Wrongful Death

Some common signs of wrongful death include:

  • Nursing home staff failed to provide necessary medical care in a timely manner.
  • Your loved one was not consistently receiving his or her medications.
  • Your loved one suffered from dehydration or malnutrition.
  • Your loved one has bed sores or other signs of neglect.
  • Your loved one had injuries caused by physical abuse or sexual abuse.
  • The nursing home did not report your loved one’s fall or other injury-causing accident.
  • The nursing home failed to transfer your loved one to an appropriate facility when he or she needed a higher level of care.
  • The nursing home failed to prevent wandering, elopement, or resident-on-resident violence.

Bringing a Wrongful Death Claim Against a Nursing Home

While there is no legal recourse you can take that will replace your tragic loss, wrongful death claims can hold a multitude of entities accountable, including the facility, administrators, doctors, and nurses, and other staff members. Bringing forth a wrongful death claim may also allow you to recover financial compensation for the losses resulting in your loved one’s death. You could be entitled to compensation for medical expenses, funeral and burial costs, and your own grief and suffering.

Contact a Chicago, IL Nursing Home Negligence Lawyer

If your loved one’s death was preventable due to another’s negligence, contact one of our skilled nursing home wrongful death attorneys at Dinizulu Law Group. Call our office at (312) 384-1920 for a free, no-obligation consultation with one of our Cook County wrongful death attorneys. Our experienced attorneys know when our clients are being mistreated and work hard to help you seek the justice that you and your family deserve.

 

Some States Begin to Allow Nursing Home Visitation

CHICAGO, IL – For millions of American families, the COVID-19 pandemic has restricted families from visiting their loved ones in nursing homes and assisted living centers. Now, as many states begin to roll back strict policies initially put in place when the pandemic began, some families finally have the opportunity to see their loved ones in person.

With new guidance from the Centers for Medicare and Medicaid Services (CMS) and the Centers for Disease Control and Prevention (CDC), nursing homes are allowed to use more creative measures to allow visits from family members.

What States Allow Nursing Home Visitation?

So far, 26 states are starting to allow nursing home visitation, while 18 others are planning similar visitation guidelines for assisted living facilities.

Nursing homes are allowing visitors; however, visitors will have to follow specific guidelines. These guidelines include:

  • Families must schedule an appointment to visit residents in advance
  • Visitors must undergo a temperature check and answer a COVID-19 screening questionnaire
  • Only 1 or 2 visitors can visit at a time
  • Visits must take place outside on a patio or garden area
  • No physical contact such as hugs are allowed
  • All visits will be supervised by a staff member
  • Visitors must practice social distancing by remaining 6 feet away from residents and staff

If a resident or staff member develops COVID-19, then the facility will ban all nursing home visitations. State officials may also implement a no-visitation policy if state officials note a significant rise in COVID-19 cases.

Understanding the Risks of Allowing Nursing Home Visitation

After nearly four months in isolation, many families feel relief knowing they can once again visit their loved ones. Between being isolated and COVID-19, the pandemic has taken a serious toll on the physical and mental health of residents nationwide. Residents have very limited interaction with other residents and staff and are confined to being in their rooms most of the time.

It’s important to understand that while this is step in the right direction, there’s also many risks to visiting your loved one in a nursing facility. Nursing home residents are the most vulnerable to contract COVID-19. Nearly 45 percent of COVID-19 deaths have occurred in long-term facilities.

Many families have expressed their concern over their loved one being neglected or abused during the lockdown. Without their involvement and oversight, families are worried their loved one has not received adequate care.

Learn More about Nursing Home Residents Rights

The COVID-19 pandemic has changed the way everything operates, especially nursing homes; however, nursing home residents still have rights. They have the right to quality care that ensures a safe and healthy life.

If you have concerns regarding the quality of care your loved one is receiving in a nursing home, please contact the experienced attorneys at the Dinizulu Law Group, Ltd. Our legal team will help you understand the rights of nursing home residents and ensure that your loved one gets the care he or she deserves. Even during a pandemic, we want you to know your loved one’s legal rights and know that you are not alone.

If you have any questions, please call our office at (312) 384-1920 for a free consultation or visit our website for more information.

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