The family of a nursing home patient has filed a lawsuit against a Texas nursing home. Wrongful death suits like these help grieving families recover damages for the loss of their loved ones. This particular suit seeks both wrongful death damages and survival damages for pain and suffering, medical expenses and physical pain and suffering, among many other things.
The patient developed a urinary tract infection which allegedly went untreated. This caused the infection to spread to her bloodstream. She was taken to a local hospital a few days later, but it was too late. She died from a blood borne infection.
The family is now suing the nursing home for negligence regarding the care of the patient. The home allegedly failed to acknowledge the symptoms of the woman’s infection and did not administer appropriate treatment. The staff allegedly also did not document the patient’s condition in her medical records.
Wrongful death damages are typically determined by looking at the amount of financial injury resulting from the death. They could cover a loss of support, medical bills and funeral costs. In addition to wrongful death damages, families may also be able to recover damages through survival actions. These actions survive the person who died and covers the personal injury caused to them. The jury will look at a number of factors when determining the amount of damages. They will consider the severity of the pain, how conscious the person was at the time, and whether the deceased was apprehensive about their impending death. They will also consider the duration of time of the suffering.
Source: The Southeast Texas Record, “Mount Pleasant nursing home faces wrongful death lawsuit,” Michelle Keahey, Dec. 27, 2012