Wrongful Death

Wrongful Death

Death of a loved one due to neglect or abuse in a nursing home is absolutely unacceptable. At our offices, we believe that nursing homes should not be allowed to commit such acts with impunity. We have had success in holding the guilty facilities accountable and recovering damages to help ease, in any way possible, the pain of loss and suffering.

When a person’s death is caused by the wrongful act or neglect of another, California’s Wrongful Death statutes provide the decedent’s successors in interest (i.e. heirs or beneficiaries of the decedent’s estate) and dependents with a claim for the losses they have personally suffered as a result of the decedent’s death. For example, when a nursing home resident is neglected to the point where his or her dehydration result in death, his or her children may bring their own Wrongful Death claim against the nursing home and its operators. Recoverable damages include, but are not limited to, damages for loss of society, comfort, care, and protection.

Although not every Elder Abuse action involving a deceased resident warrants a wrongful death claim, in many instances the neglect and abuse of a resident is a direct cause of their death. Commonly, the nursing home’s failure to employ adequate staff is a contributing factor. State statutes require that every facility provide at least 3.2 hours of direct care to each patient every day. As this is a legal requirement for a nursing home, if understaffing results in a patient’s death then the facility is liable. Many fatal errors committed by nursing home staff can be traced back to staffing problems. Overwork and stress significantly increase the likeliness of deadly mistakes. Such errors range from administering an overdose of medication to a patient to forgetting to turn on vital equipment.

When a condition that results in death is preventable, it can be classified as wrongful death. One of the most common causes of death in nursing homes is falling. Some fall incidents are preventable. Nursing homes are required to develop individual care plans for each patient that include assessments of fall risk and prevention plans. If a fatal fall occurred because the facility failed to implement prevention measures, possibly because of a lack of trained staff, then a Wrongful Death suite is applicable.

Other preventable conditions that can trigger a wrongful death suite include, but are not limited to, pressure ulcers and some infections. Pressure sores can make people more susceptible to infection, especially sepsis. Pressure sores are a preventable condition, so mortality due to infected pressure sores falls under wrongful death. When a nursing facility does not use proper infection control and prevention techniques, there is also liability. Certain infections, such as methicillin-resistant Staphylococcus aureus(MRSA), are well-known to be endemic in healthcare facilities so certain precautions should be in place to prevent outbreaks. Infections due to unhygienic conditions, such as when incontinent patients are left un-cleaned for long periods of time by negligent staff, are also preventable and thus may constitute a Wrongful Death claim when they result in a patient passing away.

If you would like to know whether you have an actionable wrongful death claim, please contact us today. Our firm, along with our team of experienced experts and aggressive nursing home neglect attorneys, will do a comprehensive review of your case to determine your legal rights and options. If you have a meritorious wrongful death claim, we will prepare and, if necessary, take your case to trial to maximize your potential recovery.

Client Reviews
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Excellent staff and the epitome of genuine, honest, and beyond helpful. I was lost and running out of time until I found Yeroushalmi law office. I am beyond grateful and had the pleasure of working with such amazing people who look out for your best interest.
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Ben Yeroushalmi accepted my case with much understanding and patience. He went above and beyond with the defense lawyers to reach a fair settlement. He explained the complete case process (as I had never filed a case with anyone) Ben kept my sister and I notified of every email or correspondence he had with the opposing council. Gloria
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Ben is an outstanding litigator, and human being. He took on our case, as if it was his own. He paid close attention to details. His guidance was invaluable. He was very clear and concise, in explaining all potential scenarios to us. He spoke eloquently, and straight to the point at all times. Ben is a true professional, with a passion for his craft. Anonymous review
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I had a heartfelt and memorable experience with Ben , very genuine and I can tell he loves what he does. His determination shows beautifully and it is amazing. In my opinion it is very rare you find people who love what they're doing and it shows. Not wanting to get religious on an review but, God introduced me to Ben for a reason. Summer
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Ben was wonderful. He took our case when no one else was interested or wanted way to much money. We would highly recommend Ben because he really listens and takes your situation into consideration. We settled our case and we were only unhappy with one thing and that was the confidentiality clause but that was not Ben's fault it came with the deal. June
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All around GREAT experienced under the circumstances. Special thanks to Devon Wright she did exceptional work for our case. Anonymous review
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Mr Yeroushalmi was our lawyer for a case involving my mother who was a victim of elderly abuse while in a nursing home. He and his team did an excellent job. My mother was able to live comfortably for the remaining years of her life due to the results of our case. I highly recommend Mr Ben Yeroushalmi. Danny
★★★★★
Mr. Yeroushalmi had provided his legal services for my father's medical injury case. Through mr. Yeroushlmi's excellent services, my family could make informed decisions during the entire course of legal proceedings. Thanks for the professional and responsive services. I strongly recommend Mr. Yeroushimi as your legal advisior. He is the one you can rely on. Thanks. Samuel
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Mr. Yeroushalmi provide excellent representation After my husband passed away from complications due to Alzheimer's. It was a complex case and I was always informed of the progression of the case. The office staff offers the personal touch and patience with my constant phone calls and questions. I highly recommend Ben and his staff if you are looking for an aggressive attorney with high ethics and great attention to details. Terry