Wrongful Death Claims Against Pennsylvania Nursing Homes
Few decisions are more difficult than placing a parent, spouse, or loved one in a nursing home.
Families make that decision because their loved one needs care they can no longer safely receive at home.
When a resident dies after suspected neglect or abuse, families understandably want answers.
In some circumstances, the death may also lead to a Pennsylvania wrongful-death or survival claim.
Not Every Nursing Home Death Is Negligence
Many nursing-home residents are elderly and have serious underlying medical conditions.
A death occurring in a nursing facility therefore does not automatically mean anyone did something wrong.
But neither should a death automatically be dismissed simply because the resident was elderly.
The question is what actually caused or contributed to the death.
Conditions That May Require Investigation
Potential nursing-home neglect cases can involve deaths associated with circumstances such as:
- Falls
- Untreated infections
- Severe pressure wounds
- Sepsis
- Dehydration
- Malnutrition
- Medication errors
- Choking or aspiration
- Wandering
- Physical abuse
- Delayed emergency treatment
The medical records and surrounding circumstances must be carefully reviewed.
Wrongful Death and Survival Claims
Pennsylvania law recognizes different types of claims that may arise following a death.
A wrongful-death claim generally concerns certain losses resulting from the death, while a survival claim generally preserves claims the deceased person could have pursued had he or she survived.
The damages available and the people or estate representatives entitled to pursue them depend upon the circumstances and Pennsylvania law.
Causation Can Be Heavily Contested
Nursing homes and their insurers may argue that the resident died because of age or preexisting medical conditions rather than negligence.
That makes medical evidence particularly important.
The legal issue isn't necessarily whether the resident already had health problems. The question may be whether negligent care caused or contributed to the injury and resulting death.
Evidence Should Be Preserved Quickly
Potentially relevant evidence may include:
- Nursing-home records
- Hospital records
- Care plans
- Medication records
- Wound documentation
- Photographs
- Staffing records
- Incident documentation
- Witness statements
- Communications with family members
The specific evidence needed depends upon what happened.
Families Deserve Answers
Sometimes a family isn't initially focused on filing a lawsuit.
They simply want to understand why their loved one's condition deteriorated so quickly.
Those questions are legitimate.
If the available records reveal that preventable neglect contributed to the death, legal options can then be evaluated.
Talk With a Pennsylvania Nursing Home Wrongful Death Lawyer
If your loved one died after a serious fall, pressure wound, infection, dehydration, medication error, or another unexplained incident at a nursing facility, consider having the circumstances reviewed.
Frank Walker Law represents families in Pittsburgh and throughout Pennsylvania.
Contact Frank Walker Law to discuss a potential nursing-home wrongful-death claim.
If another family in your network is struggling with unanswered questions after losing a loved one in a nursing home, like and share this article with them. They may not know where to begin.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.