Nursing Home Fatality Claims - What to do if your loved one has died and you fear some negligence or abuse

May 21, 2020, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Placing a parent into a nursing home is an extremely difficult decision for any family usually made because you have concerns for your parent’s safety living on their own. After careful consideration you’ve decided that your parent should live in a nursing home. Your hope is that the nursing home will provide them with a safe place to live comfortably during their final years. You hope they will receive competent health care, that their medical needs will be properly attended to, that they will be able to socialize, have good dinners and be comfortable.

These hopes have been shattered for too many people who have found out their parent was subject to poor care or abusive behaviour that has hurt them. Your vulnerable parent is a victim within the very home that you entrusted to provide proper care and treatment for your parent. In the COVID-19 epidemic you may even have lost your loved one to disease and apparent negligence.

Nursing home fatality claims are complicated. There are a number of issues that need to be assessed in order to determine issues like:

• the type of care that was or was not provided;
• were standards of care met;
• if there was a breach in the standard of care did that breach result in the premature death of your parent.
• Signs of abuse and neglect are bedsores that are untreated or improperly treated; weight loss due to malnutrition;
• poor personal hygiene;
• unsanitary living conditions;
• lack of proper supervision and medication.

The care provided at a nursing home can be a strain for the facility at times. This has led to poor situations involving clients and that poor care has contributed to fatalities. The onset of the novel coronavirus, COVID-19, pandemic has made some nursing home circumstances particularly dangerous for clients. Could the fatal outcomes have been avoided? Possibly. In order to answer that question it will require an investigation and legal assessment of the actions by the potentially at fault parties and whether those actions, or lack of actions, were improper, unreasonable, reckless and contributed to the passing of your parent.

In order to determine whether a Nursing Home fatality claim is viable, it will require a thorough review of medical and nursing home records to try and assess the treatment provided and the cause of death. This may require the assistance of a medical expert to assess the treatment provided by the nursing home and to assess the cause of death. Damages in a viable Nursing Home fatality claim cover a wide range including pain and suffering for the deceased, family law act claims for family members of the deceased, aggravated damages for the mental harm inflicted on family members, punitive damages to punish the reckless conduct that resulted in the disregard for the care and life of your parent and the failure of the nursing home to fulfill their contractual duty to your parent.

There is lot of work involved in order to investigate a claim. The first step though is to contact one of our personal injury lawyers to review the circumstances of your parent’s matter and provide you with an opinion on the validity of your family’s claim.

Contact us today to set up your free consultation.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

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