Thursday, November 26, 2015

Negligent Supervision and the Death of an Elderly Loved One

When a family decides to place an elderly loved one in a long-term care facility in Los Angeles and that person dies due to negligent supervision, then the family may have cause for filing a wrongful death claim. A wrongful death attorney may be able to identify whether or not evidence exists that suggests this type of negligence.

Did Negligence Occur?

Determining if negligent supervision occurred and contributed to a loved one’s death generally involves the confirmation that certain obligations existed between the parties, that the duty was breeched, and the elderly person suffered harm because of the failure to follow through with the initial obligation.

Proof of Unreasonable Behavior

In addition to the afore-mentioned criteria, a case being considered for a wrongful death claim will need to be evaluated for a failure to act reasonably on behalf of the caregiver. Basically, if a comparably-trained caregiver attests that the caregiver involved in the harm of the elderly person failed to recognize the signs of an unsafe situation, then that caregiver’s role in the incident could become questionable and warrant legal attention.

Filing a wrongful death claim for negligent supervision allows the family of the elderly loved one to recover some of the financial losses, such as final medical treatments or funeral costs. A lawyer familiar with the wrongful death laws in Los Angeles might be the resource necessary for assisting a family with seeking compensation for the loss of their loved one.

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