What challenges are there when trying to prove negligence in a nursing home wrongful death claim?



Wrongful death claims are challenging in general, but there are certain things that can make nursing home claims difficult. Before you begin trying to prove anything, it's very important to speak with an Austin wrongful death attorney who has experience with these types of cases. They will be able to tell you exactly what you'll need for a successful wrongful death suit, saving you time, money, and emotional distress. 

The main challenge is simply proving that one or more people at the nursing home failed to do their jobs properly and acted in a negligent, reckless way, which resulted in the death of your loved one.  You probably weren't with your loved one 24/7 in the nursing home, so it can sometimes be difficult to prove that something happened if you weren't there to see it. Additionally, people in nursing homes are generally much older and not well to begin with. You need to prove that your loved one's death was not simply because of their age or the fact that they weren't well, and everything to do with someone else acting negligently. 

Another challenge is the fact that nursing homes are run under a certain set of rules and laws that staff must abide by. If you're not in the medical field, or you don’t have a knowledge of those requirements, it can be hard for you to build a case and understand where and when the staff may have exhibited negligent behavior. That is why in this case, a wrongful death attorney is your greatest ally. 

If you would like to speak with a wrongful death lawyer in Austin, contact Earl Straight for a free consultation at 512-454-1331.