Wrongful Death from Nursing Home Abuse and Neglect: Oregon Nursing Home Malpractice Lawyer

Oregon Nursing Home Malpractice Lawyer Explains What Happens When Nursing Home Abuse and Neglect Causing a Wrongful Death


Nursing homes are supposed to be a higher level of care, attention, and treatment than we can provide to our loved ones at home.  These facilities are a step up from assisted living and adult homes.  They generally have a physician on call at all times, and have several nurses and healthcare providers located on scene at all times.  This industry is also heavily regulated based on these principles.


Yet, not only do nursing homes commit negligent medical errors and mistakes, which usually constitute medical malpractice.  But, even worse, nursing homes also commit serious intentional harm.  Nursing home abuse and neglect is a problem.  Studies reveal that approximately 10% of senior citizens will be victimized by elder abuse, which is slightly higher in Oregon at 13%.  Nursing home abuse and neglect can result in physical harm, emotional harm, financial, sexual, and neglect.  While this harm is tortious to an individual, who likely cannot fight back or may not even be able to report the harm, excessive or severe harm could result in the wrongful death of an individual due to Oregon nursing home abuse.


Wrongful Death Caused by Nursing Home Abuse and Neglect


The ultimate personal injury is wrongful death.  The definition and grounds for a wrongful death action are under ORS section 30.020, which provides under subdivision (1) that “[w]hen the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the dependent’s surviving spouse, surviving children, surviving parents and other individuals, if any, . . . may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act or omission.”


The idea behind a wrongful death action is to allow the family (the personal representative) to step into the shoes of the deceased loved one to commence a claim.  The claim can be for personal injury pain and suffering prior to death, and for the actual wrongful death.  This means if a healthcare provider is torturing a loved one with physical, sexual, or emotional abuse prior to death, that pain and suffering can be compensated in a wrongful death action.  


You’ll notice that the wrongful death action includes conduct which is a “wrongful act or omission.”  This means that it covers actual and affirmative conduct of a liable party, which is obviously contained in a nursing home abuse and neglect claim.  This conduct could be negligence in treating a patient (i.e., giving the wrong medication), or this conduct could be intentional acts like physically hitting a patient.  The idea is an actual actions, whether that be intentional or negligent.  As for an “omission,” this constitutes “inaction” where an individual should have acted.  This covers neglecting to treat a nursing home resident, whether that neglect was intentional (i.e., “I don’t want to help that old man”) versus negligent (i.e., being overbooked and understaffed and not able to care for all residents).


Did Your Loved One Die at a Nursing Home?  You May Have an Oregon Wrongful Death Action


Whenever a resident of a nursing home dies, the family should contact a Central Oregon nursing home malpractice attorney to investigate whether the death was suspicious.  Nursing home abuse can be very difficult to detect and prove without a trained eye.  Having an Oregon nursing home abuse lawyer can help to determine what your rights to compensation may be.  Call Kuhlman Law, LLC to learn how we can help protect you.


We handle cases throughout Oregon and Central Oregon, including Deschutes County, Redmond, Sisters, La Pine, Madras, Prineville, The Dalles, Hood River, Clackamas, Corvallis, Albany, Lake Oswego, West Linn, Tigard, Salem, Portland, Hillsboro, Vancouver, Washington, Beaverton, Oregon City, Eugene, Coos Bay, Astoria, Newport, Pendleton, Tillamook,  Milwaukie, Gresham, Hillsboro, Medford, and any other city, including Bend, Oregon where our main law office is located, please call Kuhlman Law, LLC by dialing (541) 385-1999 to learn what your rights to compensation you may have.  You may also contact us using our easy and convenient “contact us” box at the bottom of our website.  If we accept your case, we will conduct a thorough investigation to get you the answers you deserve, all for free.  There is no risk, and you only pay us if we recover compensation for you.

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