Lost a spouse, parent, or child after suspected nursing home neglect or medical negligence in Lexington, KY? Ross Mann Nursing Home and Medical Negligence Lawyers represents families in serious wrongful death cases involving nursing homes, hospitals, physicians, and other healthcare providers.
Our firm focuses on nursing home litigation and significant medical negligence cases. We investigate the records, medical causation, staffing, corporate responsibility, and the events leading to the death to determine whether the evidence supports a Kentucky wrongful death claim in a nursing home or medical negligence matter.
Contact us now at (859) 413-3900.
How Ross Mann Nursing Home and Medical Negligence Lawyers Helps Families With Wrongful Death Claims in Lexington, KY
When a family member dies after suspected nursing home neglect or medical negligence, the first question is not how much the case is worth. The first question is what happened.
Ross Mann Nursing Home and Medical Negligence Lawyers investigates serious wrongful death cases involving nursing homes, hospitals, physicians, medication errors, delayed treatment, infections, falls, pressure injuries, choking, dehydration, and other healthcare negligence.
In a serious nursing home or medical negligence wrongful death case, we may:
- Obtain and analyze medical and nursing home records;
- Build a timeline of the events leading to the death;
- Review staffing, care plans, MDS assessments, medication records, and incident documentation when nursing home care is involved;
- Investigate the facilities, management companies, and corporate entities that may have controlled the care;
- Work with qualified medical experts on causation and standard-of-care issues;
- Identify and preserve evidence before it disappears;
- Evaluate available insurance and other sources of recovery; and
- Prepare the case for trial if it cannot be resolved fairly.
Our firm handles wrongful death cases on a contingency-fee basis. There is no attorney fee unless we obtain a recovery.
Wrongful Death Cases We Handle
Ross Mann Nursing Home and Medical Negligence Lawyers represents Kentucky families in serious wrongful death cases involving:
- Nursing Home abuse and neglect
- medication errors
- falls and fractures
- pressure injuries and infected wounds
- sepsis and delayed treatment
- choking and aspiration
- dehydration and malnutrition
- delayed hospital transfer
- medical malpractice
- surgical errors
- delayed diagnosis and misdiagnosis
- other serious healthcare negligence
When a death may have resulted from nursing home neglect or medical negligence, we investigate the records, medical causation, staffing, care planning, corporate responsibility, and the events leading up to the death. Our goal is to determine what happened, who was responsible, and whether the evidence supports a wrongful-death claim under Kentucky law.
How Does Kentucky Law Define Wrongful Death?
In Kentucky, wrongful death is defined in KRS Section 411.130 as “the death of a person result[ing] from an injury inflicted by the negligence or wrongful act of another.” When a wrongful death occurs, compensation can be sought “from the person who caused it, or whose agent or servant caused it.”
Depending on the facts, a Kentucky wrongful death claim may involve a nursing home, healthcare provider, hospital, physician, management company, corporate owner, or other person or entity whose negligence contributed to the death.
When a death may have resulted from nursing home neglect or medical negligence, we evaluate the records, facility records, causation, and the conduct of the people and companies responsible. If the evidence supports a claim, we pursue the case against the appropriate defendants.
Who Can File a Wrongful Death Lawsuit in Kentucky?
Not just anyone can file a wrongful death claim in the state of Kentucky. Rather, this is reserved solely for the decedent’s personal representative.
Most often, the personal representative is named in the victim’s estate – usually a child, family member, attorney, or close family friend.
If no personal representative is named, one will be appointed by the court.
While the claim is filed by the representative, damages awarded are distributed to the decedent’s surviving family member(s).
Damages are distributed based on who survives the victim:
- Spouse only: 100 percent of the award is allocated to the surviving spouse
- Spouse and child(ren): 50 percent to the spouse and 50 percent to be divided between the children
- Children only: 100 percent to the surviving children
- No spouse or children: 100 percent to the decedent’s parents and/or parent
What Types of Damages Can Be Awarded in a Civil Wrongful Death Action?
Losing a close family member can affect just about every aspect of your life. It can have financial repercussions and inflict unbearable emotional distress. In Kentucky, the personal representative of the decedent’s estate can seek compensatory damages on behalf of surviving family members to offset these types of struggles.
Compensatory damages can include money for economic and non-economic losses, including:
- Medical bills for care rendered before the decedent’s death
- Lost financial support, including wages, income, and benefits
- The value of household support provided by the victim
- Pain and suffering experienced by the decedent before their death
- Loss of companionship, care, support, and leadership
If a wrongful death lawsuit goes to trial, a jury has the discretion to award punitive damages, too. Punitive damages are intended to punish a defendant for conduct that is clearly intentional or malicious or grossly negligent.
In a nursing home or medical negligence wrongful death case, damages must be supported by evidence. We investigate the medical history, circumstances of the death, economic losses, and the conduct that caused or contributed to the death. Where appropriate, we work with qualified experts to address medical causation and damages.
We prepare serious wrongful death cases with the expectation that they may have to be tried. If the case cannot be resolved fairly, we are prepared to present the evidence to a Kentucky jury.
Can Shared Fault Affect My Family’s Kentucky Wrongful Death Settlement or Court Award?
Yes. Kentucky follows a pure comparative fault statute. In a wrongful-death case, fault may be allocated among the people or entities whose conduct contributed to the death. Any allocation of fault can affect the amount ultimately recovered.
In a nursing home or medical-negligence case, that can become important when multiple providers, facilities, management companies, physicians, hospitals, or other defendants are alleged to have contributed to the harm.
Because fault allocation depends heavily on the facts and evidence, it should be evaluated on a case-by-case basis.
What Is the Statute of Limitations For Wrongful Death Lawsuits in the State of Kentucky?
Kentucky wrongful-death deadlines can be short, but the correct filing deadline depends on the facts, the underlying claim, and when the estate’s personal representative is appointed. Kentucky law contains specific rules governing actions brought by personal representatives, so families should not rely on a simple “one year from death” rule to calculate the deadline.
If there may be a wrongful-death claim involving nursing home neglect or medical negligence, have the dates reviewed promptly by a Kentucky lawyer.
Schedule a Free Consultation With an Experienced Lexington Wrongful Death Lawyer
If someone you love died after suspected nursing home neglect or medical negligence, we can review the records, identify the important legal and medical issues, and explain whether the evidence supports a Kentucky wrongful-death claim.
Ross Mann Nursing Home and Medical Negligence Lawyers represents families in serious nursing-home and healthcare wrongful-death cases throughout Kentucky.
Contact our Lexington office for a free consultation.