Residents in nursing homes should be under the supervision of staff. Wrongful death in nursing homes is a growing concern, especially in cases where the death is caused by another resident. Patient-on-patient incidents can include physical or sexual abuse, neglect, or assaults, and can lead to serious injury or death. In this blog, we’ll explore the issue of wrongful death in nursing homes caused by another patient, the responsibilities of the nursing home, and what you can do if your loved one has suffered harm or death in these circumstances.
A patient-on-patient incident in a nursing home occurs when one resident causes harm or injury to another resident. For example, these incidents can involve physical or sexual abuse, neglect, or assaults, and can result in serious injury or death. In many cases, the residents involved have cognitive or physical disabilities that make them vulnerable to harm, and they are dependent on the nursing home staff for protection and care.
The nursing home has a legal obligation to provide a safe and secure environment for all residents, including protecting them from harm by other residents. For example:
If the nursing home fails to fulfill these responsibilities and a resident is harmed or killed as a result, the nursing home may be liable for wrongful death.
To prove a wrongful death case in a patient-on-patient incident, you must show that the nursing home was at fault for the death of the resident. This typically involves proving that:
Gathering evidence is crucial in proving a wrongful death case in a patient-on-patient incident. Evidence may include:
The steps involved in filing a wrongful death lawsuit in a nursing home vary by state but generally include:
Wrongful death in nursing homes caused by another resident is a serious issue that requires prompt attention and action. If your loved one has suffered harm or death as a result of a patient-on-patient incident, it’s essential to understand your legal rights and seek the guidance of an experienced attorney.
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