My mother had a slip and fall accident at a nursing home and ended up dying. Can I file a wrongful death lawsuit?

My grandmother slipped and fell in the hall of her nursing home.  The nursing home staff knew that she was very unsteady on her feet but they regularly let her walk alone anyway.  She hit her head and died as a result of the injuries sustained by the fall.  Is there any action my family can take against the nursing home?

Answers (1)

Nursing home abuse can occur in many different ways, ranging from physical, verbal, financial or emotional abuse to abuse that result from neglect or isolation.  In the case of your grandmother, it seems clear that she suffered catastrophic injuries when she fell and hit her head in the nursing home.  The presence of the head trauma suggests that the cause of death was not natural, but rather the result of some outside event or accident.  If an autopsy was performed and the cause of death was determined to be related to the head trauma, or from complications that occurred as a result of the head trauma, your family may have a wrongful death action on your hands.

Unfortunately, claims of wrongful death at nursing homes are not terribly uncommon and are brought by many families every year.  You grandmother may have been unsteady on her feet and she may have required assistance walking, but it does not mean that any cause of death is correlated to the reason she needed nursing home care in the first place.  The fact that the nursing home staff let your grandmother walk alone, while knowing full-well that she was unsteady and required assistance, is negligent and actionable.  If the cause of death is related to the head trauma, your family can bring a wrongful death. Claim and hold the nursing home liable. 

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