It is a tough transition in life to have to trust the wellbeing of a once-independent parent to others. There is often concern whether they will receive proper care. Negligence and abuse are unfortunately not uncommon in nursing homes. In the most extreme circumstances, an elderly resident can lose their life, bringing an untimely end to the person who raised and cared for you. When this occurs, it often qualifies as a wrongful death.
According to the National Center on Elder Abuse, 14.1% of elderly patients in nursing homes have been physically abused. It is also estimated that for every case of reported abuse, there are about 24 cases not reported. These are staggering statistics, especially considering that it involves such a vulnerable population. Though abuse can lead to wrongful death, it can also occur with neglect. Nursing homes are often understaffed, so issues like missed doses of medication and sepsis from bed sores can occur.
In a successful wrongful death case, “damages“—or the plaintiff’s claimed losses—are awarded to the deceased person’s survivors or estate to compensate for injuries suffered in connection with the death. In Minnesota, although a trustee must file the lawsuit, any damages awarded will be paid to the deceased person’s surviving spouse and next of kin in proportion to the loss each person suffered.
Damages in a Minnesota wrongful death case can include compensation for the following categories of losses:
- funeral and burial expenses
- expenses for the care, treatment, and hospitalization required to treat the deceased person’s final injury or illness
- loss of the deceased’s services, protection, care, and assistance
- loss of income, wages, and benefits the deceased would have provided his or her family, and loss of the deceased’s advice, comfort, companionship, and guidance
Many nursing homes will choose to settle a case rather than bear the brunt of negative publicity. Of course, some do go to court. When this happens, it is the responsibility of the plaintiff to prove that the nursing home and staff had the duty to care for the patient, failed to do so, and that this failure resulted in the death of the patient. This is why a wrongful death lawyer is recommended. An attorney knows what information needs to be gathered to surmise what happened.
If you believe you lost a loved one due to the abuse or neglect by nursing home staff, call or text us at (612) 465-8733. We are here to answer your questions. We have the experience necessary to hold those responsible accountable and help bring the closure that comes with justice.
