If you have an elderly loved one living in an assisted living or skilled nursing facility, the staff at the home will be responsible for providing care for your loved one. Unfortunately, there are situations where the staff do not adequately care for individuals residing at the facility or take negligent actions. In some cases, this tragically results in wrongful death. If this occurs, here’s what you need to do:
1. Make sure you document everything
Keep records of relevant interactions with nursing home staff, and gather any applicable photographic evidence. This will be crucial when you have your court hearing. Also, gather any medical records related to the incident, and prepare them to present to your lawyer.
2. Report misconduct to the nursing home
If staff members of the facility were negligent, make sure that you report them to the management. This will help to prevent others from falling victim to their negligence and/or irresponsible actions. Also, keep records of any interactions with the assisted living facility when you do this. In some cases, these statements (or lack thereof) may be relevant to the case.
3. Find a competent and experienced lawyer
In order to win a wrongful death case, the lawyer that you choose will be crucial. It’s important to make sure that you choose legal representation that has a record of winning cases involving wrongful death in assisted living and skilled nursing facilities. Lawyers with this experience will be very familiar with the process of presenting evidence against the nursing home and the actions of the staff, which will be convincing to the judge and/or jury in your case. You can learn more here about the services that can be provided on this matter.
4. Gather evidence from other eyewitnesses
In some cases, the testimony of eyewitnesses who were not directly involved with the incident can be highly beneficial to your case. For instance, if a nursing home had a problem with failure to adequately protect residents against Covid-19, family members of other residents who observed staff members not wearing masks while in the facility may be able to testify in the case. Your lawyer will help you to collect evidence by talking to these witnesses.