The safety of all residents must be the top priority for nursing homes. However, some nursing homes fail to do everything they can to meet their residents’ needs and keep them safe. Nursing home negligence can have dire consequences for residents, including serious injuries or even death.
When a nursing home resident dies a preventable death due to negligence, their family is left to grieve. These families have legal rights, including the right to file a wrongful death claim against the facility for negligence.
The experienced Las Vegas nursing home lawyers of the Cottle Firm stand by families who find themselves in this unimaginable situation. If your family has recently lost a loved one due to nursing home negligence, contact us today at 866-755-9111 to learn more about your legal options in a free consultation.
How Is Wrongful Death Defined in Nevada?
Each state has its own statutes regarding wrongful death claims. In Nevada, the statute NRS 41.085 defines wrongful death as a death “caused by the wrongful act or neglect of another” individual or entity. Wrongful death occurs when someone dies and another party is legally at fault for their death. The most common forms of wrongful death include negligence-based incidents (like car accidents), intentional acts (such as violent crime), and medical malpractice.
Wrongful death claims are similar to personal injury claims, as both types of legal claims are typically filed based on negligence. But while a personal injury claim is typically filed by the injured party, wrongful death claims are usually filed by family members of the deceased.
When a nursing home resident dies due to negligence by the facility – such as neglect or abuse – the facility could potentially be held liable in a wrongful death claim. The family of the victim may pursue damages suffered as a result of their loved one’s preventable death.
How Can Nursing Home Negligence Lead to Wrongful Death?
Wrongful deaths in nursing homes can be attributed to various forms of negligence and abuse. Nursing homes have a legal duty to ensure proper care and oversight in their facilities to prevent foreseeable injuries, illnesses, and deaths. Our Las Vegas nursing home negligence lawyers have seen the following common examples of nursing home negligence leading to wrongful death.
Falls
Falls pose a significant risk for the elderly, as they are more likely to suffer severe or fatal injuries when falling. Nursing homes have a legal duty to ensure their properties are free from hazards that could cause falls. If a nursing home fails to address hazardous conditions and a resident falls, the facility could be held liable for a personal injury or wrongful death claim.
Medication Errors
Mismanagement of medication can have devastating consequences for nursing home residents. Errors in dosage or the administration of the wrong medication can result in severe health complications, which can sometimes turn fatal. Nursing homes must train staff in strict adherence to proper medical protocols to avoid these preventable errors.
Bed Sores
Bed sores, or pressure ulcers, are prevalent in nursing homes. These painful wounds can lead to life-threatening infections if left untreated. Nursing homes must have strong protocols in place for avoiding, identifying, and treating bed sores.
Infections
Infections are a common concern among older adults. Nursing home negligence in the form of substandard hygiene practices can lead to fatal infections for residents. When a preventable fatal infection occurs due to negligence, the victim’s family may have grounds for a wrongful death claim against the facility.
Malnourishment and Dehydration
Adequate nutrition and hydration are among the most basic needs for nursing home residents. When neglect leads to malnourishment or dehydration, residents are at risk of suffering preventable health complications or death.
What Happens During a Wrongful Death Lawsuit?
If a nursing home resident dies and the family believes that the death was caused by negligence, they may file a wrongful death lawsuit against the facility. The family and their attorney must prove that their loved one did not receive proper care due to negligence and that this negligence directly led to their death.
When a family files a wrongful death claim, the first step in the process is called discovery. The family’s attorney will work to discover all evidence related to the death, including interviews with nursing home staff, doctors, nurses, caregivers, and the family.
Wrongful death lawyers also conduct background research to determine if the facility had a history of negligence leading to the injuries or deaths of residents. If the nursing home has a history of other violations, this can be used to argue that it failed to maintain a safe environment and put residents at risk.
Once the evidence has been gathered and the research has been completed, the lawyer sends a demand letter to the liable party’s insurance provider with an estimate for damages. This letter will request a settlement amount based on the total sum of all damages. Ideally, the case will be settled without the need to go to court. However, if the liable party refuses to make a fair settlement offer, the lawyer may file a lawsuit to bring the matter to court.
What Damages Are Available in Nevada Wrongful Death Claims?
In Nevada wrongful death cases, the surviving family members of the deceased may pursue damages for financial and personal losses suffered due to the death of their loved one. These damages may include:
- Funeral and burial costs
- Medical expenses related to the injury or illness of the deceased
- Property damage related to the death
- Lost wages and benefits of the deceased
- Pain, suffering, or disfigurement of the deceased
- Loss of benefits
- Loss of companionship, support, or care
- Emotional distress
FAQ
Who Can File a Wrongful Death Lawsuit in Nevada?
In Nevada, a wrongful death lawsuit may only be filed by one of two parties: the personal representative of the victim’s estate, or the surviving family of the victim. If the victim is married, their spouse would be first in line to file the claim. For victims who were unmarried and without children, either their parents, siblings, or the closest surviving family member could file the claim.
These are the only parties permitted to file a wrongful death claim in Nevada. Significant others, fiancees, and close friends are not allowed to take legal action for wrongful death. Nevada law (Nev. Rev. Stat. § 11.190(4)(e)) imposes a two-year statute of limitations for filing a claim.
How Long Does It Take to Settle a Nursing Home Wrongful Death Lawsuit in Nevada?
The amount of time it takes to settle a nursing home wrongful death lawsuit can vary significantly, as it depends on several factors. The complexity of the case, the amount of evidence required, the legal proceedings, and the settlement negotiations all contribute to the timeline. Additionally, the court’s schedule and the caseload it handles can affect how long the lawsuit takes.
Some cases may be settled in a matter of months, while others can take as much as 2-3 years. More complex cases and those that require more extensive litigation generally take longer. You can get a better idea of how long your case could potentially take to settle by consulting with an experienced Las Vegas nursing home wrongful death attorney.
Learn More From Our Las Vegas Nursing Home Lawyers
At the Cottle Firm, our Las Vegas nursing home lawyers provide compassionate support and expert legal guidance to families facing the aftermath of a wrongful death caused by nursing home negligence. We understand the pain and suffering that families endure, and we are committed to pursuing justice on their behalf. If you have lost a loved one due to nursing home negligence, don’t hesitate to reach out to us for a free consultation at 866-755-9111.
