Last November, the surviving family of Joseph Londow, a Jefferson County man, filed a wrongful death lawsuit against the Medical Center of Southeast Texas and the Senior Rehabilitation and Skilled Nursing Center. Mr. Londow was originally admitted in September 2012 after he had a stroke. Due to the alleged negligence of the staff, he then began to suffer from pressure ulcers. The ulcers were very severe and continued to worsen until they contributed to his death in January 2013.
If you have a family member who died while in a nursing home and you believe the death was caused by negligence or improper conduct, you may be able to file a wrongful death suit. Our attorneys can help assist with nursing home wrongful death lawsuits and help you get compensation for your loss.
NURSING HOME WRONGFUL DEATH VS. MEDICAL MALPRACTICE
Though these types of lawsuits are similar, they are not the same. Medical malpractice is filed by the individual who suffered an injury due to medical negligence. In wrongful death suits, the individual has already passed, so the claim is made by the surviving family. The extent of damages is often different in both suits, as wrongful death suits can seek compensation for losses due to the unexpected death as well as the personal pain and suffering of the victim.
POTENTIAL DAMAGES IN A NURSING HOME WRONGFUL DEATH SUIT
Though it may seem very difficult to quantify the loss of your loved one, experienced wrongful death attorneys can help you determine what that number should be. In addition to some of the damages previously mentioned, you may be entitled to:
- Loss of Services and Support that the Victim Provided
- Loss of Future Earnings if the Victim was not yet Retired
- Loss of Benefits and Payments in Consideration of Past Employment
Wrongful Death in Texas
Every state has different laws regarding wrongful death lawsuits. In Texas, there are two important things to remember:
- Only spouses, children, and parents have standing for filing a suit for wrongful death. If you are a sibling of someone who passed away in a nursing home, you will not be able to make a wrongful death claim.
- The statute of limitations in the state of Texas is two years. If you do not file your claim before the end of the two year period after the death, you will no longer be able to bring your suit. In the case of Joseph Londow, his surviving family filed the claim in November 2014, so it was before the end of the two year period.
POSSIBLE SIGNS OF ABUSE AND NEGLECT
When building your nursing home wrongful death suit, you and your attorney will need to look for all evidence that suggests abuse and neglect in the nursing home. Many of these signs may appear physically on the victim, so it’s important to have all this recorded and documented as soon as possible after death. In addition, signs of abuse that were noted before death should also be recorded because they may also help establish that the nursing home was neglectful. Some of these signs of abuse include:
- Bruises and Scars, Especially Those that are not Adequately Explained by Staff
- Dislocations, Sprains, and Broken Bones
- Any Markings of Bruises that Show that Restraints Were Used
- Physical Signs of Poor Nutrition, Dehydration, and Weight Loss
Our Wrongful Death Attorneys Can Help
Nursing home wrongful death suits can be very difficult to win compensation, and that is why it’s important that you get the help of experienced attorneys such as those at Bandas Law Firm. We will work with you from the beginning to record and document the abuse and help you get justice for your family and loved one.