Archive for May, 2014

Over past 30 days my uncle died in a nursing home and a friend of a friend was killed in an automobile collision. Do both families have ”wrongful death” claims? What can they expect to recover for the loss of a loved one?

If someone legally caused the deaths, then there would be “wrongful death” claims. Who can bring the claim is complicated so, you are encouraged to discuss the particular situation further with a lawyer. As far as what can be recovered, wrongful death in a nursing home or as a result of a collision is treated the same under Georgia law.

Pursuant to Georgia law, there are two distinct claims that may be brought in conjunction with wrongful death. The first claim is the claim created by statute for the wrongful death of the person. This claim establishes the “full value of the life of the deceased” from the perspective of the deceased, which includes both the economic value of the deceased’s life and also the intangible element incapable of exact proof. The economic value is basically the amount of money the deceased would likely have earned had he or she lived until natural death. The intangible element is related to the non-economic factors such as relationships, …

Continue reading Over past 30 days my uncle died in a nursing home and a friend of a friend was killed in an automobile collision. Do both families have ”wrongful death” claims? What can they expect to recover for the loss of a loved one? »

My dad fell while in a nursing home and now he has to use a wheelchair to get around. I thought they were supposed to be watching him so he didn’t fall. Is that right?

The issue is whether he was a fall risk before he fell and what plan was in place before it happened. If the facility is aware that your dad is at risk of falling, they are suppose to put into place precautions to prevent falls such as lowering the patient’s bed, raising the side rails of the bed, moving the patient closer to the nursing station, or providing a strap on a wheelchair to keep the patient from trying to stand up. A nursing home should be aware that a patient is at risk of falling if the patient has fallen before; is on certain medications that make him or her dizzy or weak; if the patient has physical ailments that make him or her more prone to falling; or if a patient tries to stand, walk or go to the restroom when he or she are no longer able to do those activities without assistance. If a nursing home knows the patient may fall, and the staff fails to put precautions in place, your loved one is at risk for repeated falls which may result in further injury. …

Continue reading My dad fell while in a nursing home and now he has to use a wheelchair to get around. I thought they were supposed to be watching him so he didn’t fall. Is that right? »