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Nursing Facility Wrongful Death Lawsuit Alleges Elder Abuse

Casper, Meadows, Schwartz & Cook

California law allows for surviving relatives or the personal representative of the decedent's estate to file a lawsuit for wrongful death in situations where the plaintiffs believe that the death was caused by negligence or another kind of wrongful act. And a wrongful death claim is at the heart of a lawsuit naming a nursing facility as the defendant in the death of a man whom the plaintiffs claim was subject to negligence and elder abuse. It also alleges negligent hiring and supervision on the part of the defendant facility.

According to the complaint particulars, the trouble began when the nursing facility committed errors in paperwork concerning emergency contact information and health insurance but soon developed into more serious matters such as neglecting the victim's personal hygiene needs as well as his health requirements, which allegedly after two hospitalizations contributed to his eventual death by any or some combination of dehydration, malnutrition, pneumonia, sepsis, urinary tract infection, and heart failure.

An action for wrongful death may be appropriate when family members or the personal representative of the decedent's estate are convinced that his or her death was preventable but for the actions or failure to act by others. Damages which may be recoverable include, as alleged in the case at hand, general damages, special damages, and punitive or exemplary damages.

If you have lost a loved one as the result of what you believe has been the wrongful act of someone else, an attorney familiar with and experienced in California personal injury law, including wrongful death causes of action, will be able to assist you in determining whether you in fact have such a claim and if you do how to pursue it.

Source: Daily Press, "Nursing facility sued for wrongful death," Shea Johnson, August 4, 2015