A nursing home in Lima, Ohio, has been named among the defendants in a wrongful death lawsuit arising out of the death of a man placed in its care.
The lawsuit, which has been initiated by a representative of the deceased man's estate, serves as an example not only of some of the factual allegations that can lead to a negligence-based civil lawsuit, but also of the forms of relief that the plaintiff may seek.
According to the plaintiff's complaint, the nursing home's alleged breach of the duty it owed to the decedent began perhaps even before he entered into its care. One of the allegations is that the facility was negligent in the hiring of its employees.
The alleged negligent behavior then continued, the plaintiff claims, in the inadequate training of the nursing home's employees. And on top of the claimed negligent hiring and training, the complaint then alleges that the supervisors of those employees failed to properly oversee them in the performance of their duties.
Thus, the complaint seeks to establish a chain of events that allegedly led to the injuries to, and unfortunate death of, the decedent. By failing to provide him with properly trained, supervised and individualized care based on his particular needs, the nursing home staff allegedly allowed his condition to deteriorate to the point where he allegedly contracted an infection and eventually died.
Finally, the damages that the complaint seeks are representative of the types of injuries that plaintiffs can seek in a wrongful death lawsuit for many kinds of medical malpractice, ranging from hospital negligence causing the death of the patient to the mental anguish suffered by the patient's loved ones.
As the complaint in this case shows, lawsuits based on alleged medical professional negligence can be based on complex considerations: multiple claims of injury, multiple defendants, and multiple forms of relief. Working with an attorney can help a potential plaintiff to be confident that all of these factors are taken into account when determining if a cause of action exists, and whether to pursue it.
Source: LimaOhio.com, "Woman files wrongful death lawsuit against nursing home," Greg Sowinski, July 9, 2014