No one expects to put their loved ones in a nursing home and have them return injured, malnourished, or dead. But sadly, this is sometimes the reality for families who entrust their elderly relatives to these facilities. If you believe that your loved one died because of nursing home abuse, there are some steps you can take to seek justice.
File a Wrongful Death Lawsuit
If your loved one died due to nursing home abuse, you might be able to file a wrongful death case. These are designed to hold the negligent party accountable for their actions and to help the surviving family members recover damages.
To succeed in a wrongful death lawsuit, you will need to prove that the defendant’s actions were the cause of your loved one’s death. You will also need to show that you have suffered financial damages due to the death. If you are successful, you may be able to recover compensation for medical expenses, funeral costs, lost income, and more.
To increase your chances of a decision made on your favor, you’ll need legal counsel to guide you through the system. Hiring a professional wrongful death lawyer is best to ensure you can put your case in the right way. The attorney will be able to help you understand the complex process of filing the lawsuit and winning it. Moreover, he or she will also help you collect the required evidence to make your case strong.
Filing a Complaint With the CMS
The Centers for Medicare and Medicaid Services (CMS) is responsible for investigating nursing home abuse complaints. You could file a complaint with the CMS if your loved one died from abuse or neglect in a nursing home. The information you provide will help the CMS to determine whether an investigation is warranted.
To file a complaint, you will need to provide the following information:
- The name and address of the nursing home.
- The name and contact information of the person filing the complaint.
- A description of the events that occurred.
- Any other relevant information.
Once a complaint is filed, the CMS will review it and determine whether an investigation is necessary. If an investigation is conducted, the CMS will take appropriate action to ensure that the nursing home complies with federal regulations. You can also file a complaint with your state’s department of health. Your state may have additional resources available to investigate nursing home abuse cases.
Contacting Your State Attorney General’s Office
The attorney general’s office can investigate the nursing home and, if warranted, file criminal charges against the abusers. In addition, the attorney general’s office can also help you file a civil lawsuit against the nursing home.
Filing a civil lawsuit against the nursing home can help you recover damages for your loved one’s death. If you win your lawsuit, you may be awarded compensatory damages designed to reimburse you for your losses. You may also be awarded punitive damages designed to punish the nursing home for its misconduct.
Contacting your state attorney general’s office is just one step you can take if your loved one dies because of nursing home abuse. You should also consider contacting a personal injury lawyer to discuss your legal options. A lawyer can help you understand the complex legal process and fight for the compensation you deserve.
Reporting the Abuse to Adult Protective Services
If you suspect your loved one has been the victim of nursing home abuse, it is vital to take action immediately. One of the best ways to get started is to contact Adult Protective Services (APS). APS is a government agency that provides support and services to adults who are victims of abuse, neglect, or exploitation.
When you contact APS, they will open an investigation and work with the nursing home to ensure your loved one is safe. If they find abuse has occurred, they will work with the authorities to bring charges against the abuser. In some cases, APS may also be able to provide financial assistance to help your loved one recover from the abuse. Taking action quickly by reporting the abuse to APS can help ensure that justice is served and your loved one gets the support they need.
Contacting the Ombudsman
The Ombudsman is a federal program that advocates for quality of care in nursing homes. If your loved one died because of suspected nursing home abuse, you could contact the Ombudsman to file a complaint.
The Ombudsman will investigate the allegations and work to resolve the issue. In some cases, the Ombudsman may be able to help you file a lawsuit against the nursing home. However, it is essential to note that the Ombudsman cannot represent you in court. If you decide to contact the Ombudsman, have all your documentation ready, including any police reports or medical records. You should also be prepared to answer questions about your loved one’s care. The Ombudsman will use this information to determine whether there is enough evidence to investigate further.
If your loved one has died because of nursing home abuse, you have a few different options for taking legal action. You can contact your state attorney general’s office or file a civil lawsuit against the nursing home. You can also contact Adult Protective Services or the Ombudsman to file a complaint. Taking action quickly is important to ensure your loved one gets the justice they deserve.