Losing a loved one is always devastating, but if the death was avoidable the coping process is much more difficult and agonizing for the loved ones left behind. One elderly man from Manson County is experiencing this, as he has filed a wrongful death lawsuit against the elderly care facility that allegedly caused his wife’s death.
Grieving widower John S. is suing Pleasant Valley Hospital Inc. for the wrongful death of his wife, Gladys G. He filed this claim on May 20, 2015, in the Manson Circuit Court, and is also naming Pleasant Valley Nursing and Rehabilitation of Point Pleasant as defendants, claiming that their inaction also contributed to his wife’s alleged wrongful death.
According to the wrongful death lawsuit, between Dec. 21 and 22, 2012, the Pleasant Valley facilities allegedly breached its civil responsibility of caring for Gladys when she suffered respiratory failure and cardiac arrest after a fall. Despite being a paying resident at the defendant’s nursing home, Pleasant Valley allegedly failed to monitor her condition or take any corrective actions. John claims that by not giving his wife immediate medical attention, it ultimately resulted in her wrongful death on Dec. 22, 2015.
John also accuses Pleasant Valley of failing to inform him and his family fully of her medical condition, failing to provide sufficient staff and services that are in compliance with state and federal law, and for failing to give her an overall good quality of life. Furthermore, the wrongful death lawsuit states that Pleasant Valley failed to maintain a safe environment for his wife, failed to provide proper supervision, and even failed to provide basic needs such as food, toilet assistance, cleaning, and other means of help to his wife.
John and his family are suing Pleasant Valley for allegedly failing in their duty to maintain a good quality of life for his late wife, as their negligence contributed a major factor in her death. The plaintiff and his family are seeking compensation for funeral expenses, loss of companionship, and other punitive damages.
Filing A Wrongful Death Claim: What You Need To Know
While John’s case is devastating, it is unfortunately fairly common. Numerous wrongful deaths are reportedly caused from medical malpractice, negligence, or some other form of wrongful conduct. When this happens, devastated loved ones are encouraged to pursue legal action to seek damages for wrongful death to help cover some of the costs of their loss, such as funeral expenses or hospital bills. This can also include punitive damages like pain and suffering or loss of consortium, where companionship of the decedent’s spouse is lost.
In a the case of a wrongful death lawsuit, the plaintiff or plaintiff party must prove that the decedent’s demise was directly caused by the misconduct or legal negligence of the accused party. The plaintiff must also prove that they suffered considerable losses due to their loved one’s death, including significant loss of financial support or immediate loss of companionship, as mentioned before.
Most states allow immediate family members to file a wrongful death lawsuit like children or parents, while other states allow extended family members like grandparents, sibling, aunts and uncles to file. Wrongful death lawsuit payouts awarded to the plaintiff depend on the expenses incurred by the decedent’s loved ones, which are typically medical and burial costs.
While a wrongful death claim sounds simple enough to prove, the actual filing and process can be quite complicated. Wrongful death lawyers will assess the evidence, monitor wrongful death statutes of limitations, can help determine how much is a wrongful death lawsuit worth, and also communicate with the other party.
As intimidating as the legal process appears, legal experts encourage any person who suffered the loss of a loved one from a wrongful death to file legal action against the party allegedly responsible.
The Wrongful Death Lawsuit is Case No. 15-C-71, in Mason Circuit Court.
Obtain a Free Wrongful Death Case Evaluation
If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.
The following types of wrongful death cases are common examples of what a family member can sue for:
- Car Accidents
- Bicycle or Pedestrian Accidents
- Motorcycle Accidents
- Boating Accidents
- Medical Malpractice
- Medication Errors
- Workplace Accidents
- Drowning Accidents
- Nursing Home Neglect/Abuse
- Slip and Fall Accidents
- Defective Products
- Other Personal Injury Claims that Caused the Death
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