Losing a loved one is never easy. When that loss happens because a nursing home failed to provide proper care, the grief can be even more overwhelming. Families are often left asking difficult questions, including whether the nursing home can be held legally responsible.
The answer is yes. In some cases, a nursing home may be liable for a resident’s death if negligence or abuse contributed to the loss. Understanding your legal rights can help your family seek accountability and prevent similar tragedies from happening to others.
Nursing homes have a legal duty to provide residents with safe, appropriate, and compassionate care. When a facility fails to meet that standard and a resident dies as a result, the nursing home may be held liable.
Not every death in a nursing home is the result of negligence. Many residents have serious medical conditions or are receiving end-of-life care. However, if the death could have been prevented with proper care, there may be grounds for a legal claim.
There are many situations where negligent care may contribute to a resident’s death, including:
Residents who are at risk of falling should receive proper supervision and assistance. A serious fall can result in head injuries, broken bones, or other life-threatening complications.
Giving the wrong medication, administering an incorrect dosage, or failing to provide prescribed medication can have devastating consequences.
Pressure ulcers, also known as bedsores, can become severely infected if left untreated. In some cases, these infections can spread throughout the body and become fatal.
Residents who cannot eat or drink independently rely on staff for assistance. Failure to provide adequate nutrition or hydration can lead to serious medical complications.
Delays in recognizing or treating serious health conditions such as strokes, heart attacks, or infections can significantly reduce a resident’s chance of survival.
Many nursing home residents require specialized diets or supervision during meals. Failing to follow these care plans can increase the risk of choking.
Physical abuse or neglect can result in severe injuries or emotional trauma that contributes to a resident’s death.
To establish liability, it generally must be shown that:
Medical records, witness statements, facility reports, photographs, and expert testimony can all play an important role in building a case.
Families should pay attention to warning signs such as:
If something does not seem right, it is important to ask questions and seek answers.
A wrongful death claim is a legal action that may be brought when someone’s death was caused by another party’s negligence or wrongful conduct.
In Wisconsin, eligible family members may be able to recover compensation for losses such as:
Every situation is unique, so it is important to speak with an attorney about your family’s specific circumstances.
If you believe negligence contributed to your loved one’s death, consider taking the following steps:
Taking action early can help preserve important evidence and protect your legal rights.
No family expects to question the care their loved one received in a nursing home. If you believe negligence or abuse contributed to a resident’s death, you do not have to face the situation alone.
At Martin Law Office, we are committed to helping Wisconsin families pursue justice and hold negligent nursing homes accountable. We understand the emotional and legal challenges these cases involve, and we are here to guide you every step of the way.
Contact Martin Law Office today at 414.856.4010 for a free and confidential consultation. There are no fees unless we recover compensation for you.
