Unexpectedly losing a loved one can be heart-wrenching, however, when the death is caused by another person’s careless or reckless actions, it only enhances the grief felt by the family. When you entrust a nursing home with your elderly loved one, you reasonably expect that they will be placed in a safe and caring environment. Unfortunately, when residents are not given the necessary medical attention, their health conditions can worsen, and this may even lead to their death. If you have lost a loved one due to a preventable accident, please continue reading to learn who is eligible to file a wrongful death claim in New York and why connecting with our compassionate New York City Wrongful Death Attorney is in your best interest.
What Nursing Home Negligence Can Result in Death?
While some residents pass away from natural causes, there are instances in which the staff mistreat or neglect those in their care. This may be the result of staff shortages, however, there is no excuse, and discovering that your loved one has wrongfully died while in the care of those you trusted can be devastating. The following behaviors can result in premature nursing home deaths:
- Medication errors
- Malnutrition
- Dehydration
- Bedsores and infections
- Physical or sexual abuse
- Falling
- Delayed medical care
- Restraint injuries
- Unsanitary conditions
- Wandering/Elopement
Who is Eligible to File a Wrongful Death Claim in New York?
When a loved one dies in New York as the result of the negligent or wrongful actions of others, eligible individuals can pursue a wrongful death claim to seek compensation for endured damages. It’s important to understand that New York courts don’t allow survivors to recover damages related to their pain and suffering. The courts generally focus on the financial impact of the loss. That said, you may be entitled to compensation for medical bills related to the person’s final moments, funeral costs, pain and suffering endured by the deceased in their final moments, lost inheritance for surviving children, loss of benefits, loss of income, and 9% interest of the recovery awarded (starting from the date of death).
In some states, certain family members who were financially dependent on the lost loved one are permitted to pursue a wrongful death claim. However, in New York, only the representative of the deceased party’s estate can file a wrongful death lawsuit. The personal representative will seek damages on behalf of those surviving family members entitled to inherit from the decedent.
At Swerling Law, we understand how nursing home deaths can impact families. If you or a loved one has been affected by such an incident, please don’t hesitate to contact an experienced New York City wrongful death attorney who can help you attain justice.