Over 25 Years of Advising Florida’s Injured

Determining if a death was due to nursing home negligence

On Behalf of | Mar 27, 2023 | Uncategorized

Many families rely on long-term care in Florida. In fact, recent numbers show over 70,000 residents stay in nursing homes.

While mistakes will happen, errors should not lead to an avoidable death. If the family detects negligence played a role in a loved one dying, a wrongful death claim may be possible.

Verifying records after a death

A nursing home may attempt to hide any of its mistakes to avoid liability. Families should check the facility’s records to reassure themselves that the care team’s actions did not cause their loved one’s death.

The death certificate is one place to start. The document lists the death as natural or accidental. Family members may want to investigate further for the following causes of accidental death:

  • Gangrene
  • Falls
  • Blunt force trauma
  • Brain bleeding
  • Broken bones

One situation that a facility might cover up is an infection. If a nursing home does not transfer and position patients with limited mobility, a bedsore can appear and lead to deadly sepsis. However, the care team might attribute the infection to another source to relieve itself of liability.

Family members can check the nursing home’s records against those of outside parties, such as an ambulance, hospital or primary care physician. Discrepancies may indicate malpractice by the nursing home.

Pursuing damages for a loved one’s death

A family must choose to pursue either wrongful death or survival damages after a loved one’s death due to neglect. Wrongful death claims seek to cover damages to the surviving family, such as funeral expenses and emotional trauma. Survival actions address the injured party’s loss, pain and suffering before death.

Determining if a death was due to negligence can be challenging. A family must be diligent and gain sufficient evidence to win a claim.