One of the phone calls no one wants to receive is when a nursing home informs you of your loved one’s passing. Grief is overwhelming, but then unsettling questions arise if you suspect neglect or abuse at play.
Was the care adequate? If not, what legal recourse is available? Can you pursue a nursing home lawsuit even after your loved one’s death?
Signs that warrant legal action
Many families miss the warning signs of nursing home neglect. Before death, your loved one might have shown:
- Unexplained injuries, bruises or falls
- Rapid weight loss or dehydration
- Bed sores or poor hygiene
- Sudden changes in behavior or alertness
- Medication errors or sedation
If you notice these signs, legal action may be necessary to seek justice for your loved one’s passing.
Legal rights after death
Kentucky law allows family members to file what is called a “wrongful death” lawsuit against nursing homes when neglect or abuse contributes to a resident’s death. These cases fall under specific statutes that give survivors the right to pursue compensation and accountability.
Generally, the personal representative of the deceased’s estate is the one who initiates this type of lawsuit. The damages that may be collected benefit specific family members, including spouses, children and parents.
If you believe there is a legitimate case, you must file your lawsuit within one year after the appointment of the estate representative, not exceeding two years after the death.
Next steps
The legal process demands attention to detail and knowledge of Kentucky nursing home regulations. No amount of money can replace your loved one. Still, a lawsuit holds negligent facilities accountable and might prevent future tragedies.
Often, the next best action is to consult with an attorney well-versed in handling nursing home abuse cases. Many lawyers offer free consultations and work on a contingency basis, so you only pay if they win the case.
Family members deserve to find peace, and pursuing justice for a loved one is a step in that direction. Legal action sends a clear message that nursing homes must uphold their duty of care to all residents.