There are many reasons that families make the decision to move their aging loved one into a nursing home. Perhaps they need a level of care that their family is unable to provide, or maybe a family’s work schedule does not leave enough time for anyone to fill the role of caregiver. Whatever the reason, the transition into a nursing facility can be difficult.
Concerns about how their loved one will cope with the change are common. Many families worry that there won’t be enough enrichment and extracurricular activities. There are often questions about the facility’s amenities, the quality of meals, and opportunities for social interaction. One thing a family shouldn’t have to worry about, however, is that their loved one will suffer a fatal injury due to the facility or staff’s negligence.
When a doctor, nurse, or other caregiver’s negligence leads to the wrongful death of a Torrington nursing home resident, they should be held accountable for the pain they’ve caused. The seasoned nursing home abuse attorneys at D’Amico & Pettinicchi, LLC, are here to help you navigate this devastating and overwhelming time.
Connecticut state law has strict limits on who can file a wrongful death claim. Only the deceased person’s estate executor or administrator is eligible to take legal action against a nursing home that caused the wrongful death. The law further states that the recoverable damages in nursing home wrongful death claims include reasonably necessary nursing, hospital, and medical services, as well as funeral expenses, burial costs, and pain and suffering experienced by the resident prior to their passing.
Surviving spouses may be able to file a claim for loss of consortium, which includes damages related to the loss of affection, moral support, sexual relations, and companionship caused by the other spouse’s wrongful death. While Connecticut law does state that claims for loss of consortium are to be separate from and independent of wrongful death claims, they can be and typically are joined with the wrongful death claim.
The statute of limitations on filing a wrongful death claim in Connecticut is typically two years from the date of death. However, legal action can be taken for up to five years from the negligent act in limited circumstances. If the statute of limitations is exceeded, the estate executor will lose the opportunity to file a wrongful death claim on behalf of the deceased nursing home resident.
To ensure all deadlines and other requirements are met, estate executors and administrators should work with a nursing home wrongful death attorney who is familiar with the state’s extensive laws and regulations.
The attorneys at D’Amico & Pettinicchi, LLC, have over 100 years of combined experience handling a variety of complex wrongful death cases for our clients. It is a devastating tragedy when nursing home negligence or abuse causes the death of a family’s matriarch or patriarch. Aging parents and grandparents deserve compassionate care and competent medical treatment, and caregivers who fail to provide this deserve to be held accountable.
Contact us to schedule a free in-person or virtual consultation to find out if you are eligible to file a claim after the wrongful death of a Torrington nursing home resident.