Wrongful Death From Bedsores in a Maryland Nursing Home
Bedsores are usually not lethal, but when they result in serious infections or other medical complications, they can become deadly. Bacterial infections thrive in open wounds and broken skin, and they can be difficult to treat if they are not caught early. Sadly, elderly individuals, who are often immobile, are at the highest risk of dying from bedsores.
No one should ever die from bedsores, no matter what the case. Nursing homes have a legal and moral obligation to ensure the health and safety of their patients, and when their negligence results in the death of a patient, they should be held legally and financially liable in court.
If you plan to file a lawsuit involving wrongful death from bedsores in a Maryland nursing home, it can be helpful to speak with an attorney first.
Basic Elements of a Wrongful Death Lawsuit
When trying a case involving wrongful death from bedsores in a Maryland nursing home, the attorney for the plaintiff must establish certain elements are present in the case. If they are able to do this, their client(s) may be able to obtain compensation for the death of their loved one. To win, an attorney must establish the following:
- A person has died.
- The actions of the defendant directly or indirectly proximately caused the death of the deceased.
- The estate representative(s) suffered a loss due to the death in question.
- The person filing the wrongful death case is a representative of the estate of the deceased individual.
In general, cases involving gross negligence are compensated more highly than the cases involving mistakes. It is also important to note a person can file a wrongful death suit even if the defendant has been found not guilty by a criminal court. This is because the burden of proof is not as great in the civil court system.
Compensation for Loved Ones
Since the loss of a loved one often causes their family to suffer financial losses, they may be awarded compensation. If a person wins a wrongful death from bedsores case, they may be awarded compensation for the following:
- Pain and suffering experienced by the deceased prior to their death
- Medical bills
- Loss of income and inheritance
- Funeral expenses
- Loss of love, companionship, and consortium
- Loss of care, nurturing, and guidance provided by the deceased
Calculating the loss of income for elderly and young individuals can be extremely difficult. Since younger individuals have not yet held a career or generated much income, their loved ones may not be entitled to much compensation. Likewise, since many nursing home residents are elderly, retired individuals who no longer generate a steady income, their loved ones may not be able to obtain much compensation either.
Pecuniary damages, damages awarded to reimburse the family of the deceased, can be calculated. All the factors listed above are taken into consideration, as well as the character and contributions of the deceased person.
In cases of gross negligence, the defendant may be forced to pay punitive damages to the estate of the deceased person. Punitive damages are not calculated so easily, but they are intended to punish the defendant and discourage them from behaving in a negligent manner in the future.
Find Out More About Nursing Home Wrongful Death from Bedsores
Bedsores are preventable, and if caught early, extremely treatable. Unfortunately, negligent nursing homes and their workers may neglect mobility impaired patients, causing them to develop deadly bedsores and other medical complications. This is unacceptable, and if a person dies in this manner, their loved ones deserve compensation and truthful answers.
Talk to a lawyer now about lawsuits involving wrongful death from bedsores in a Maryland nursing home.
