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Costs and risks of suing a nursing home for wrongful death

Losing a loved one due to negligence in a nursing home is devastating. Understanding the costs and risks of suing for wrongful death helps families make informed choices.

Legal costs and fees

Filing a wrongful death lawsuit for medical malpractice can be expensive. Many attorneys work on a contingency fee basis, which means they won’t take any fees unless you win. However, these fees may still be 33% to 40% of the settlement.

You may also need to pay a medical expert to provide an expert testimony. Expert testimonies, while pricy, make a difference when proving medical negligence. 

Additionally, filing, court, and administrative task fees can add up. 

Emotional and time investment

Pursuing a medical malpractice lawsuit can be emotionally draining and time-consuming. Reliving your loved one’s death can be painful. Cases can take months or years to resolve, requiring a significant time commitment. The legal process, including depositions and court appearances, can be stressful and disrupt daily life.

Public scrutiny is another concern. Bringing a lawsuit against a nursing home can attract media attention and impact personal and professional relationships.

Examples of medical malpractice in nursing homes

Medical malpractice in nursing homes can take many forms.

  • Medication errors: Administering the wrong medication or dosage.
  • Neglect: Failing to provide necessary medical care, leading to conditions like bed sores or infections.
  • Misdiagnosis: Incorrectly diagnosing a condition or failing to diagnose it altogether.
  • Poor staff training: Inadequate training leading to improper care or treatment.

Alternatives to a lawsuit

Consider alternatives like settling out of court, which can lower costs and reduce stress. Mediation, involving a neutral third party, helps resolve disputes without a trial. Arbitration, a less formal process, can provide a quicker resolution.

Making an informed decision

Deciding to sue a nursing home for wrongful death due to medical malpractice requires careful thought. Consulting an experienced attorney can help, but the choice depends on your unique situation and readiness for legal action.


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