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What if someone other than the nursing home directly caused a resident’s death in the nursing home, such as a doctor prescribing the wrong medication or medication? Or what if a resident is killed by another resident who has a history of abusive behavior, who can be sued?
You probably have a wrongful death claim against the person who directly caused the death. In addition to the at-fault party, you might also be able to sue the nursing home for the actions of one of their agents, like an on-staff or “in-house” doctor, whose actions caused or contributed to a resident’s death or injury. For example, if a visiting physician was called in by the nursing home to examine a resident, if his or her actions led to the resident’s death (like the wrong medication was prescribed) then the visiting doctor and the nursing home might be subject to a lawsuit. If the doctor who treated the resident in the nursing home had no relationship with the facility – for instance, if he or she was called in by the resident’s family and treated in the facility – the doctor would be the main target of a lawsuit, not the nursing home.
The same goes for cases where the nursing home should have done something to prevent a foreseeable death or injury; you might have a claim against the nursing home for a death caused by a third party, like another resident, if the nursing home failed to properly supervise, monitor or restrain a resident with a known abusive or violent history. For example, if a resident who has had violent episodes in the past and is a known threat to the safety of others is allowed to interact with other residents unsupervised, or if restraints are not put in place to keep the violent resident from harming others, the nursing home might be found responsible for the resident’s actions that resulted in injury or death of another resident. A claim might still exist against the resident who caused the death, but the resident’s fitness to stand trial and ability to actually pay out on a claim will usually be in question.
You will need to check in with an experienced nursing home attorney to discuss all of the possible persons who may be responsible for the death of the nursing home resident. |
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