Cullan & Cullan M.D., J.D. | Arizona Legal Blog

Phoenix, Arizona

Wednesday, November 18, 2009

Nursing Home Wrongful Death

If your loved one died as a result of abusive or negligent nursing home care, you may be entitled to receive compensation through a wrongful death lawsuit. It is important to consult an experienced nursing home abuse and neglect attorney at once to ensure that all of the evidence is gathered before the nursing home has a chance to tamper with it.

Some common causes of nursing home wrongful death include:

  • Bed sores
  • Falls
  • Malnutrition and dehydration
  • Wandering or leaving the premises while unsupervised
  • Excessive or improper use of chemical or physical restraints
  • Medication errors
  • Neglect of resident’s basic needs
  • Unsanitary nursing home conditions
  • Failure to attend to serious infections
  • Inadequate staffing or improperly trained staff

If you think your loved one’s death may have been the result of nursing home abuse and neglect, it may be crucial that you obtain an autopsy. Often, nursing homes may claim that your loved one’s death was the result of natural causes or a pre-existing health condition in order to cover up their negligent actions. An autopsy if performed by an independent examiner may be able to reveal:

  • Bone fractures, both old and new
  • Other physical injuries
  • Toxicology reports indicating whether your loved one received medication according to doctor specifications
  • Inappropriate use of antipsychotic drugs as a method of restraint when your loved one did not have a condition requiring these drugs

The autopsy results may provide more conclusive evidence as to the actual cause of death, and it can be a valuable tool in proving your wrongful death claim. In some states there are regulations that require an autopsy where a fall/or other accident occurs prior to the death of an elderly citizen. Unfortunately most of the nursing homes and hospitals are not as up to date on the regulation's requirement. Some funeral directors have surprisingly been well informed. That means the family has to step in and inform the facility the death must be referred to the local medical examiner. In these circumstances the autopsy is paid for by the local county. An autopsy can be very expensive. The need for an autopsy should be determined on a case by case basis. We recommend that you consult with an attorney for assistance in determining whether an autopsy should be requested.

The Arizona nursing home abuse and neglect lawyers at Cullan & Cullan M.D., J.D. are both lawyers and doctors. Our medical background enables us to more accurately evaluate autopsy results, medical reports, and medication directions. This greatly improves our ability to prove your wrongful death claim.

Please contact our Arizona nursing home abuse and neglect lawyers today to schedule your free initial consultation. Cullan & Cullan M.D., J.D. serves clients in Phoenix and all of Arizona.

posted by Tiffany at 3:31 PM

The field of nursing home abuse and neglect law is in a constant state of flux. This is due, in part, to the increasing number of cases that have emerged in the last several years. With each new verdict comes a new interpretation of the laws that regulate the nursing home industry. It is our job to stay up to date on any changes and developments that may affect our current and prospective clients, whether they are legal, medical, or insurance related.

The purpose of this blog is to keep you informed of these changes and how they may affect you and your case. Please feel free to contact us with any questions you might have regarding any of the following topics.

If you live in the Arizona area, and believe that you or a loved one may have a nursing home abuse or neglect case, please contact the experienced nursing home abuse and neglect attorneys at Cullan & Cullan, M.D., J.D. today to arrange your case evaluation. Our AV rated lawyers are also doctors who know how to fight for your rights and get you the compensation that you deserve.

20830 N. Tatum Blvd, Ste. 360
Phoenix, AZ 85050-7268
602.200.9999 - 888.600.8701

The Arizona nursing home abuse and neglect lawyers at Cullan and Cullan M.D., J.D. are also doctors. They use their medical expertise to more effectively represent victims of nursing home abuse.

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