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What should I do if my mom's elder abuse issue leads to death?

California nursing homes should be places of safety for the elderly. Unfortunately, some fail to treat their residents properly. Many residents suffer neglect and elder abuse from staff members. These acts can lead to physical injuries and emotional trauma. In extreme cases, they can even lead to death. This can be a devastating experience for a family, but there may be legal remedies available to help pay for damages.

Elder abuse can come in many forms. Physical abuse may include sexual assault, neglect, or hitting and slapping. Medication errors, misdiagnosis and incorrect medical device usage can also cause fatal injuries. If your loved one has died due to someone's negligence, you can file a wrongful death lawsuit. It doesn't matter if the responsible party was a nursing home staff member, nurse, hospital, private citizen, insurance company or manufacturer. If negligence can be proven, then you have a valid claim.

To prove negligence, you must show that the liable party had a duty to provide a reasonable standard of care and that this duty was breached. You must also prove that your loved one suffered injuries due to this breach. Claims may be based on state and federal statutes as well, so you may want to check with a personal injury lawyer to see if any apply.

If your loved one was killed by nursing home abuse, you need to ensure that your rights are protected. A California personal injury attorney can perform the appropriate research and find expert testimony to back up your claim. You may be able to receive a fair recovery to pay for damages incurred.

Source: FindLaw, "Get Legal Help with a Nursing Home Abuse Issue," accessed April 25, 2015

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