Nursing Home Negligence and Wrongful Death

When people of advanced age can no longer care for themselves, their families may entrust them to nursing homes, which have a duty to provide care that meets their residents’ needs. When nursing homes and their staff members negligently fall short of this standard of care, their residents may suffer serious harm or even death. If you suffered the loss of a loved one because of nursing home negligence, you should consult with a lawyer to determine whether you may be able to recover damages. The trusted Cape Cod nursing home negligence attorneys at the Law Offices of John C. Manoog, III, have more than fifteen decades of combined experience aiding local families who have been harmed by negligence, and we will aggressively seek the full amount of damages recoverable under the law for your nursing home negligence and wrongful death claim. Our zealous advocacy has enabled us to recover numerous multi-million dollar damages awards for the parties we represent.

State and federal laws regulate many aspects of nursing home care. Specifically, they dictate that nursing homes must provide adequate aid and supervision and a safe living environment. The laws also require nursing homes to provide residents with appropriate grooming, nutrition, and hydration, and manage the administration of any medications and the treatment of any conditions or illnesses. Many nursing homes are understaffed, however, or hire staff members that lack the training needed to provide appropriate care. Sometimes, a nursing home’s negligent failure to comply with its legal duties leads to falls, dehydration, malnutrition, bruising, bedsores, infection, or cognitive decline. Many nursing home residents that suffer injuries or illnesses due to inadequate care cannot recover from their harm and subsequently succumb to their ailments.

Massachusetts law provides a remedy for people who have lost a loved one due to someone else’s negligent acts. Specifically, the wrongful death statute provides that a plaintiff may recover damages from a defendant in a wrongful death lawsuit for the fair monetary value of the deceased person’s life. This means that the plaintiff may recover compensation for the loss of any income the deceased person was expected to earn, as well as for the loss of companionship, comfort, and counsel provided by the deceased person. The plaintiff may also be able to recover reasonable funeral and burial expenses. Punitive damages may be available as well, in cases in which it is proven that the defendant acted in a reckless, wanton, willful, or grossly negligent manner.

Generally, in a lawsuit in which the plaintiff alleges a wrongful death claim against a defendant on a theory of negligence, the plaintiff must show that the defendant owed the deceased person a duty to act with reasonable care, but that the defendant breached the duty, and that the breach proximately caused the deceased person’s death. In a nursing home negligence and wrongful death case, evidence of the nursing home’s failure to provide competent care may be used to demonstrate a breach.

Wrongful death claims may only be pursued by the executor or administrator of the deceased person’s estate, and any damages recovered will be distributed to the deceased person’s beneficiaries pursuant to the law. Wrongful death lawsuits must be filed within three years of the date of death.

When nursing homes negligently fail to comply with the obligations imposed by State and federal law, it can cause grave harm. If you lost a loved one because of nursing home negligence you should consult an attorney regarding your right to pursue damages in a wrongful death lawsuit. The Law Offices of John C. Manoog, III possesses the knowledge and experience needed to help you seek justice. We will work tirelessly on your nursing home negligence and wrongful death case. We have recovered numerous verdicts in excess of one million dollars on behalf of our clients through our assertive representation. Our lawyers represent people in wrongful death lawsuits in Cape Cod and can meet for consultations in Plymouth and Hyannis. We can be reached at (888) 262-6664 or through the form online to set up a meeting. Nós Falamos Português.