No one wishes to hear of a loved one’s passing. And, the emotional toll of this reality can be worsened if there is suspicion of neglect or abuse at the hands of a caregiver. In such situations, many families may wonder if they have the legal right to sue a nursing home for wrongful death.
In Wyoming, nursing home laws and regulations allow you to report negligence or misconduct of the facility’s staff. Proving wrongful death requires a thorough investigation, so that it can be proven that the nursing home’s actions directly led to the resident’s death.
Grounds for suing a nursing home for wrongful death
To successfully sue a nursing home for wrongful death, you must establish several key elements:
- Duty of care: A certain standard of care is legally required by nursing homes toward their residents. This includes helping ensure their safety, providing necessary medical treatment and maintaining a clean and healthy living environment.
- Breach of duty: You must show how the nursing home breached the duty of care. This breach could be due to neglect, abuse, inadequate staffing or substandard medical care.
- Causation: There must be a one-on-one link between your loved one’s death and breach of duty. This means showing that the negligence or misconduct of the nursing home was the primary cause of death.
- Damages: You need to prove that the death resulted in certain damages. These can include loss of companionship, financial support, medical expenses or funeral costs.
Working a wrongful death claim against a nursing home can be challenging because of the complex legal process. Apart from collecting evidence, getting expert testimonies and understanding state-specific laws, you may still be grieving. That’s why having a legal team by your side can help build a strong case. Additionally, since filing the claim has a statute of limitation, it’s important to act swiftly.
By understanding these legal grounds, you can work to build a court-worthy case against a nursing home, if necessary. It’s important, when appropriate, to remain diligent and proactive in pursuing accountability to help prevent similar tragedies from occurring in the future—for you and other families.
