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Survivor Rights Following a Nursing Home Wrongful Death


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4/7/2015
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Unfortunately, nursing home abuse and neglect has become an epidemic in today’s society. Not only is nursing home abuse and neglect occurring in nursing homes in Florida, but it is taking place all across this nation. The harsh reality is that the numbers of aging individuals in this country suggests that nursing home abuse and neglect will continue to increase as the population continues to grow older. 

According to the Centers for Disease Control and Prevention, there are currently 1.5 million residents living in nursing homes across the United States. Various studies on nursing home abuse estimates that 10 percent of nursing home residents have suffered some type of abuse or neglect. Sadly, there have been some cases of abuse and neglect that has led to the death of elderly nursing home residents.

Elderly people should be treated with respect and shouldn’t have to suffer at the hands of an abuser. If you believe your family member died as a result of nursing home abuse or neglect, you need to be your loved one’s advocate. If someone abused your loved one, that nursing home staff member or nursing home should be held accountable for their actions.

As a Survivor, You May Have Two Types of Claims on Your Hands

  • Wrongful death – Only an entitled family member can file this type of claim to collect for loss of support, loss of companionship and affection, and other losses.
  • Survival action – Any personal representative of the decedent’s estate—no matter if he or she is a relative—can file this type of claim. A survival action will recover for the decedent’s medical bills and pain and suffering from the time of injury until the time of death.

What You Can Do Now

To learn more about your rights and whether you can or cannot bring a survival action or wrongful death claim against the wrongdoer, the Mallard Law Firm has years of experience in helping survivors get the justice and just compensation they deserve. For help pursuing your claim for damages, please call us or contact us online—we would be happy to offer you a free consultation.



Category: Nursing Home Abuse

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