Charles “Kip” Sinclair

Medical Malpractice/ Nursing Home Injury Attorney Port St. Lucie Florida


Nursing Home Wrongful Death

If someone dies as the result of the actions of another person or being, it is termed “wrongful death.” This phrase is most commonly found in legal circles. For example, if a case is brought against a nursing home for neglect or abuse, wrongful death is often cited if the patient in question has passed away. In general, these are situations where the death was avoidable but happened because of the actions of a person, group or entity.

Can I Sue?

It is important to familiarize yourself with the regulations in your state with respect to nursing home accidents. Wrongful death lawsuits can be brought by a variety of people, but it does vary according to where you live. Therefore, a bit of research is necessary before you proceed; of course, you can also speak with a legal professional about your options as well. The term “real parties in interest” refers to anyone that can bring a case against an entity for wrongful death. For example, people in the immediate family of the deceased are allowed to sue, regardless of what state they live in. This includes children, spouses and parents (if the person in question is not married). Depending on where you live, if you were dependent on the person in question for financial support, you may be able to bring forward a wrongful death suit. Life partners may be eligible as well, in addition to people who think they were legally married to the person (otherwise known as putative spouses). This varies by location, but in some places, distant family members can also file a suit. This refers to sisters, brothers, grandparents and other relatives. Finally, there are states that allow anyone who has a financial setback as a result of the death to file a wrongful death lawsuit.

Assisted Living Facilities

There are a number of reasons why a wrongful death might occur in a nursing home. In some cases, the abuse may be intentional. In other situations, the death may occur because of negligence. If a staff member does not do their job, someone could be hurt or die as a result.