Wrongful Death in a Nursing Home

Has a loved one died under suspicious circumstances while under the care of a nursing home or assisted living center?

Losing a loved one is never easy, but it becomes even more difficult when you discover that nursing home negligence, neglect, or abuse may have led directly to their wrongful death.

If you feel as though your parent's death was caused by the actions (or inaction) of a nursing home staff in Texas, we ask that you call Rasansky Law Firm at (214) 651-6100 for a free and confidential consultation. We'll review the facts of your case free of charge and explain the options available moving forward.

If we feel as though we can help with your case, you can hire us to handle your wrongful death claim without risking a penny of your own money as we only take nursing home case on a contingency-fee basis.

Recognizing the signs of nursing home abuse and neglect.

In many cases of nursing home negligence, family members only become aware of instances of abuse or neglect when and if the victim speaks out. Unfortunately, some victims are unable to communicate effectively, and many abusive "caregivers" use threats to intimidate their victims into silence.

If you suspect your loved one's death was due to negligence, abuse or neglect (as opposed to natural causes), do what you can to find out more about the timeline of events that eventually led to their death, and request for as much documentation as you can. If you have serious concerns about what you find, their unwillingness to provide you with information, or their level of care, we urge you to reach out to us for a free consultation.

Some of the warning signs of nursing home abuse and neglect include the following:

• Errors in disbursement of medication, including overdoses
• Pressure ulcers or bedsores that have become infected
• Injuries that cannot be explained such as fractures and sprains, cuts or abrasions, head injuries, burns, or bruises
• Unexplained or unexpected falls
• Unsanitary conditions
• Patient shows signs of malnutrition or dehydration
• Frequent bouts of crying
• Fear, agitation, or withdrawal

Who can file a wrongful death claim on the victim's behalf?

Contrary to popular belief, a wrongful death claim/lawsuit is not filed on behalf of the victim. Instead, the wrongful death claim is filed on the behalf of the family (beneficiaries), and seeks compensation for the family's related losses. Texas law states that only certain family members (parents, spouses and children) may act as a beneficiary and bring a lawsuit following a wrongful death.

What most people do not realize is that there's another type of claim called a survival action, which is essentially the victim's personal injury claim they could have filed, had they not passed away. Since the victim can no longer bring a personal injury claim themselves for the pain and suffering they experienced prior to their death (and because the defendant should not let off the hook simply because the injury resulted in death), that claim is now passed on to the victim's family to pursue.

We can help your family pursue justice.

If you've lost a loved one under these conditions, we understand that your motivation is pursuing justice; not compensation. While it is up to the police whether or not criminal charges will ultimately be pursued, our attorneys may still be able to help your family seek justice through a civil claim or lawsuit. We have considerable experience with nursing home wrongful death cases, and our firm will never charge you a penny unless we actually win your case.