Losing a loved one at the hands of nursing home staff members could make their surviving family members eligible to pursue a civil claim against the negligent. However, this could be difficult to do without help from a dedicated attorney. Therefore, if you have lost a family member in such an incident, you could benefit from a consultation with a Phoenix nursing home untimely death lawyer.
An experienced nursing home abuse attorney could review the facts of your case, explain your legal rights, and build a claim to hold the at-fault party accountable. With a legal representative by your side, you and your family could take the time you need to grieve and take care of any personal responsibilities.
The two primary causes of nursing home deaths are either from medical mistakes or accidents. Determining what caused the death could help a lawyer build a strong case against the liable party.
All nursing homes generally have a form of in-house medical facilities. Some of the most common instances of medical error can arise when a nurse provides a patient with the incorrect amount of medication, fails to diagnose a heart attack or a stroke accurately, or incorrectly dresses a wound that causes infection.
While some untimely deaths occur because of medical error, others may result from poor care. Under 42 U.S. Code §1394i-3, for nursing homes to be considered “skilled nursing facilities” by the federal standard, they must provide a quality of life that either maintains or enhances their patients’ present state.
Due to this federal standard, a Phoenix nursing home attorney could present evidence to a court that a care facility did not provide this level of care to the resident resulting in an untimely death. For example, if a resident died from a slip and fall in the shower, the plaintiff may be able to provide evidence that the facilities did not have proper handles or seats.
Under Arizona Revised Statute Annotated §12-611, when the death of a person is caused by neglect, default, or a wrongful act, the person or persons responsible for this behavior may be liable for any damages. This liability can extend to a specific medical professional at a nursing home or the facility at large due to improper or poor-quality care.
A Phoenix attorney could prove an assisted living facility or its staff is responsible for the untimely passing of a resident by establishing negligence. The facility owes the resident a duty of care, if they breach that duty and cause an individual to die as a result, they could be found negligent and therefore liable.
If your loved one died while in the care of a nursing home facility, you may be wondering what your legal options are. A Phoenix nursing home untimely death lawyer could explain your rights and guide you through the litigation process.
With the help of a qualified attorney, you could pursue financial compensation for the sudden passing of your loved one. Schedule an initial case consultation today.