Do I Need a Wrongful Death Attorney?

by | May 2, 2017 | Law

Death by negligence or maltreatment in a nursing home is deplorably common in America. In some situations, a criminal case may be recommended or necessary such as when a pernicious pattern of problems exists in a senior care facility. Yet even if filing criminal charges are unlikely, a plaintiff (usually the survivor but sometimes the state) can sue for wrongful death. Wrongful death suits can also be filed in a situation where there was insufficient evidence and a criminal case has been dismissed, Wrongful death suits are basically civil cases that are counterparts to criminal cases involving the death of a human being, when that death can be traced to malicious behavior or negligence. In Rockford, wrongful death attorneys field numerous calls from clients who have recently lost a loved one and need help knowing how to proceed.

Of course, it is not just nursing homes and healthcare facilities that could be involved in a wrongful death. Any caregiver of a senior can be culpable of wrongful death when their behavior intentionally or even indirectly caused harm. Home health care workers and even family members can be negligent, as can the operators of senior transportation services. One of the cornerstones of a wrongful death suit is the assessment of need on behalf of the surviving family members. Usually a wrongful death that occurs at a nursing home or in a home healthcare situation results in some financial strain or hardship, and this is what the wrongful death suit is designed to redress.

Wrongful death in senior care facilities can be considered a dark side of the healthcare system. The system is burdened with under-staffing and a profit-driven model of healthcare that places finances before people. Families are supposed to trust that their elders are being cared for genuinely, so when neglect and even outright abuse of seniors is suspected, it is important to act immediately to prevent the situation from happening again.

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