Tampa Nursing Home Death Lawyer
One of the most difficult decisions family members will ever make is to place a loved one in a nursing home. As hard as the decision is to make, it is often necessary because an elder requires ongoing care that family members cannot provide. Nursing homes must provide residents with the highest quality care but tragically, this does not always happen. Nursing home abuse and neglect is all too common in Tampa and in extreme cases, it causes the wrongful death of a resident.
Anyone that loses a loved one due to the negligence of staff in a nursing home can hold the staff member or the administrator or owner of the facility liable. Unfortunately, proving a death is wrongful is not easy. A Tampa nursing home death lawyer can help family members hold the facility liable and recover the damages family members need.
Proving a Nursing Home Death was Wrongful
Proving a wrongful death in a nursing home is not easy. Residents are already at an advanced age and often have health conditions that could result in death. To prove a staff member or a nursing home caused the death, you must prove four elements of your claim. These are as follows:
- The nursing home owed a duty to the resident
- The nursing home breached that duty
- The breach caused the death of the resident
- The resident and their family members sustained losses as a result of the breach
You must prove these elements by a preponderance of the evidence. This means that you must have more evidence to prove your claim than the nursing home does to prove their innocence. The best evidence to use in these claims can include medical records, photographs, expert witness testimony, and more.
Damages Available After the Loss of a Loved One
Florida law recognizes that after a wrongful nursing home death, family members are entitled to receive compensation for their losses. Under Florida Statute Section 400.023, families have options for securing compensation.
The first type of claim family members can file is a survival claim. These claims provide damages the deceased incurred prior to their death. As their name suggests, these claims are essentially a personal injury claim the deceased could have filed if they had survived the accident or intentional act that caused their death. Medical expenses, property damage, and other losses are often included in survival claims.
Family members can also file a wrongful death claim to recover the losses they incurred as a result of the loss. Wrongful death claims can include damages such as funeral and burial costs and loss of companionship.
Contact Our Florida Nursing Home Death Lawyer Today
No one should lose a loved one when they were trying to do the right thing and provide the care an elder needs. If you have lost a loved one due to nursing home abuse or neglect, our Tampa nursing home death lawyers are here to help. At Kohn Law, we are dedicated to helping you recover the losses you sustained as a result of a nursing home death, and we have the necessary experience to give you the best chance of a successful outcome. Call us today at (813) 428-8504 or fill out our online form to schedule a free consultation.
