There’s nothing more painful than losing someone you love, especially if that loss was preventable. If your family is facing questions after a loved one’s passing in a care facility, a Smyrna nursing home abuse lawyer can help you pursue damages.
Schenk Nursing Home Abuse Law has recovered millions of dollars for our clients. If your loved one died because of inadequate care or supervision, a nursing home wrongful death lawyer in Smyrna can help uncover the truth and pursue accountability.
Why Work With Our Smyrna Nursing Home Wrongful Death Attorneys?
Here’s what our Smyrna nursing home wrongful death lawyers do to support families through the claims process:
- Investigate thoroughly: We gather records, interview witnesses, and look for gaps in the facility’s version of events.
- Consult with medical experts: We speak to experts to determine whether your loved one’s care met appropriate standards.
- Identify responsible parties: This may include the nursing home facility, staff, administrators, or third-party providers.
- Pursue compensation: We work to negotiate a settlement that covers all of your family’s losses, including funeral costs, medical expenses, emotional damages, and pain and suffering.
For a free legal consultation with a nursing home wrongful death lawyer serving Smyrna, call
What Types of Damages Are Available?
Georgia wrongful death law allows eligible family members to seek damages based on the full value of the decedent’s life.
Depending on the specifics of your case, you may be able to pursue the following damages:
- Lost income and earning capacity: Your claim may account for income your loved one reasonably would have earned during their expected lifetime.
- Lost services: You can seek compensation for the value of household services, care, assistance, and other contributions your loved one provided.
- Loss of companionship: You can receive additional compensation for the intangible value of your relationship with the deceased.
- Medical expenses: You can recover damages for medical treatment and other necessary expenses resulting from the deceased’s final illness or injury.
- Funeral and burial expenses: You can seek compensation for funeral expenses and other costs associated with laying your loved one to rest.
Smyrna Nursing Home Wrongful Death Lawyer Near Me (678) 823-7678
How Long After Someone Dies Can You Sue a Nursing Home in GA?
In Georgia, you generally have two years from the date of the resident’s death to file a wrongful death lawsuit against a nursing home. If you fail to file your lawsuit before time runs out, the court will likely dismiss your case.
Exceptions may apply if your case involves medical malpractice or a government-owned facility. A nursing home wrongful death attorney in Smyrna can help you file your claim on time.
Who Can File a Wrongful Death Claim in Georgia?
Under Georgia law, the surviving spouse has the first right to pursue a claim for the wrongful death of a spouse. If the deceased person did not have a surviving spouse, surviving children generally have the right to bring the claim. If the victim died without a spouse or children, their parents can file a lawsuit.
If none of the aforementioned parties are available, the decedent’s administrator or executor may bring an action for the benefit of the next of kin.
Who Is Liable for Wrongful Death in a Nursing Home?
Liability is not necessarily limited to the facility in nursing home wrongful death cases. Depending on the evidence, potentially responsible parties may include:
- The nursing home operator: The facility may be responsible for negligent care, inadequate supervision, or failures involving resident safety.
- Nurses and other caregivers: Individual employees may be responsible for failing to provide appropriate care or follow a resident’s care plan.
- Doctors and medical providers: A physician or other provider may face liability when negligent medical treatment contributes to a resident’s death.
- Pharmacies or medication providers: Medication errors, dispensing mistakes, or other negligent behavior may shift liability to pharmacies or medication providers.
- Staffing companies: A third-party staffing company may potentially be liable for negligent hiring, training, or supervision.
- Other contractors: Outside providers responsible for food service, transportation, medical care, or other services may share responsibility if their negligence contributed to the death.
How Long Does a Nursing Home Wrongful Death Lawsuit Take?
Every nursing home wrongful death lawsuit is different. Some cases settle relatively quickly, within a few months, while others take years. Several factors will dictate your case’s timeline, including the number of parties involved, the availability of evidence, and whether a trial becomes necessary.
It’s important not to rush a case simply to obtain a quick settlement. If you do so, your settlement may not account for all of your losses.
What Constitutes Wrongful Death in a Nursing Home?
Not every death in a nursing home is caused by neglect. In legal terms, a wrongful death occurs when a person dies due to someone else‘s negligence, whether by action or inaction. In long-term care settings, that often means the facility failed to meet its obligations to keep residents safe.
When determining whether a death can support a legal claim, our team looks at factors like:
- Was the resident assessed for fall risk?
- Were pressure sores or infections properly treated?
- Did staff respond to medical concerns in a timely way?
- Were there signs of poor supervision or understaffing?
Common Causes of Wrongful Death in a Nursing Home
The most serious injuries that lead to wrongful death often follow predictable patterns. The most common issues we see in Smyrna long-term care facilities include:
- Medication errors: Giving the wrong medication, incorrect dosage, or failing to administer necessary medication can cause fatal complications.
- Falls: If staff don’t provide proper support, mobility aids, or supervision, a fall can cause fatal head trauma or internal injuries.
- Malnutrition and dehydration: Residents who cannot eat or drink independently often require assistance and monitoring. Failure to provide it can cause serious health problems.
- Bedsores: Pressure ulcers can develop when residents are not repositioned or properly cared for. Severe infections resulting from untreated bedsores can become life-threatening.
- Infections: Without early intervention, sepsis and other infections can escalate quickly.
- Choking and aspiration: Residents with swallowing difficulties who don’t receive feeding assistance or supervision are at risk of accidents.
- Elopement: A cognitively impaired resident who leaves a facility without adequate supervision can suffer exposure, falls, traffic injuries, or other fatal harm.
- Delayed medical care: When staff ignore symptoms, fail to notify physicians, or wait too long to transfer a resident to the hospital, a manageable illness can turn deadly.
- Physical or emotional abuse: Abuse by employees or other individuals can cause injuries, trauma, or medical complications that may ultimately prove fatal.
Why Choose Schenk Firm?
Schenk Nursing Home Abuse Law isn’t a general practice firm. We don’t handle car accidents or other types of personal injury cases. Our entire focus is on abuse and neglect in care facilities, and we’ve built our firm around that commitment.
Here’s what that means for you:
- Real experience: We’ve spent more than nine years handling elder abuse cases, and we’ve recovered millions of dollars for families like yours.
- Personal service: When you call us, you talk directly with an attorney. We don’t hand you off to a call center.
- Help even if we don‘t take your case: If we’re not the right fit, we’ll still offer resources and point you in the right direction.
Speak to Our Nursing Home Wrongful Death Attorneys in Smyrna
If you believe your loved one’s death in a Smyrna care facility was caused by negligence, there’s no time to waste. These cases have time limits, and evidence can disappear quickly. A Smyrna nursing home wrongful death attorney from Schenk Firm can listen, offer guidance, and help you recover compensation for the loss of your loved one.
Book a free consultation to learn more about your legal options.