Nursing homes are obligated under the law to treat our eldest loved ones with dignity and respect. When a nursing home employee fails to act in a reasonable manner when carrying out his or her duties, and as a result, your loved one is seriously injured or killed, then you may have a wrongful death claim against the nursing home.
Under Georgia law, a wrongful death claim is a legal cause of action that is brought by the survivors of the deceased person. In such a lawsuit, the survivor, generally the surviving spouse or children, seeks compensation that would equal the full value of the life of the deceased. Full value of life may include future earnings, or in most cases of nursing home neglect, the loss of care and companionship that the deceased loved one provided.
But another claim can be brought against the nursing home by the estate of the deceased. This is a personal injury claim in which the estate seeks compensation for the pain and suffering prior to death.
Whether either of these two claims may be brought will depend on whether (1) the nursing home committed abuse or neglect and (2) whether the nursing home’s actions were the proximate cause of your loved one’s injury or death. Sometimes, this is quite simple to see. For example, when the nursing home admits that they were wrong, or when video evidence shows abuse.
Still, in many cases, the negligence or abuse is harder to link to the death. For example, attributing the injuries sustained in a fall to the resulting death, particularly where the resident has a host of other ailments. This type of connection may take extensive review of medical records and charts, and even two or three independent physicians to verify.
Understanding whether the nursing home is liable, and what type of claims may be brought against the nursing home can be difficult. If your loved one has been injured or passed away at a nursing home or assisted living facility, and you are wondering whether you have a claim, then please, feel free to call and speak to one of our experienced Georgia nursing home abuse lawyers today. Our consultations are always free.