what is the average compensation for wrongful death by a nursing home in virginia?
453662
There is no "average compensation".  Each case is treated differently with wide ranging awards depending on the individual case circumstances.
413361
HIPAA does not end when someone dies. A law doesn't end when someone it affects dies. Any power of attorney or living will or health care proxy ends on the principal's death.\n\nAfter that, it depends on state law, and I don't know what state he died in.\n\nChances are the hospital is correct: you need some legal standing beyond being his widow. If his estate is not being probated, or you are not the executor under his will or the administrator if he died intestate, you may need to petition to be appointed. I assume you want the records for some potential claim, in which case you should see a local attorney.
353774
If the declared executor is one of the seven heirs and the will does not mention compensation for the executor, then it will cost nothing.  If one of the seven challenges the will, it will go to Probate Court and everyone will get less for the fees that will cost to hear the case and then distribute the estate.
676089
oh my gosh I have worked in nursing homes my whole working life until recently when it became too much trouble. That is a lot of work and more trouble than it's worth.  There are so many rules and regulations and all the families feel guilty for not caring for the person so they take it out on the facility.  Right now on any channel lawyers are encouraging people to sue nursing homes.  I say let people take care of their own family members and in a couple of years when the baby boomers are all nursing home age their attitude will change then open a nursing home.
913656
It kind of strange that a person could take a permanent cruise for close to the same price as living in a nursing home but on the cruise the care and food are both better.  You need to report these abusive and cowardly caretakers to whatever state you live in.  My mother used to work as a CNA she hated the way the people were treated or even worse ignored.  Don't stand by and watch this happen.  It could be you someday.
885901
If she was on Medicare, there is a death benefit I believe it is like $250 only.  Did she own any property that you can sell? A home, furniture, jewelry? If the answer is no, then you will have to tell the funeral director that you cannot pay the bill in full- make arrangements for a payment plan, and also, check his bill to what is the acceptable fees for your area- you can go online and get that info from your state.....if you do not own a home, there really isn't anything the funeral director can do.   Sorry for your loss
656667
Not really knowing her exact condition-bedridden, wheel chair, IV's, injections required,and etc.-it is almost impossible to answer accurately.\n\nTalk to the Head of Nursing at the nursing home where she resides to see if she needs an RN, LPN, TNA, or just a care-giver to free you up a bit. Depending on the length of the stay, you may be able to find some of the staff that would travel with you on their days off. The majority of nursing home staff would jump at the opportunity to travel and be paid also. They also will be your connection to other trained personnel in the event none of them are available. \n\nI suggest the staff from the nursing home she resides at for a reason. In any case, and especially if she has any degree of dementia, change is unsettling at best and quite often terrifying to the aged. By having someone familiar to her along for the ride she would be more content.\n\nIn the event that she requires minimal care, your local hospitals should have a list of "sitters" which would fill the bill.
30742
Hello there,\n\nANY nursing home SHOULD notify the patient's family for any changes or any incidents that occured to the patient. It is illegal otherwise. Speak to a lawyer about your situation. \n\nGood luck.
989805
Go to your local VA and make a claim.
648048
Oh, do I agree with you.  I worked in one for about to weeks.  It was so terrible.  The old people were not being cared for properly, because they were so under staffed.  It was very difficult to see death so near everyday.  I truly believe you must be a very special person to work in one of those places.
959312
First of all...God Bless your mother!  I commend her for what she is doing for your Grandmother!  We went through this same thing with my Grandma a few years back.  What we found what the best answer for us...and the least costly was...we hired a lady to live with and care for Grandma.  Most of her pay was room and board...paid her a small weekly wage, and she stayed 24/7 and only taking off 1 afternoon a week and every other weekend.  Then, we called an in home health nursing facility to come in daily for medication, bathing, anything the live in was not qualified to do.  The live in was responsible for meals, house cleaning, companionship, making sure her bed was clean.  (My Grandma was bedridden for the last 8 months she was alive)...this live in companion/caregiver enabled her to stay in her own home until she passed.  We found the live-in by running an ad in the newspaper. Please feel free to send me an email and I will go into more detail.  By the way..we are in Indiana.  I would be glad to help you research and answer any questions I can.  This is a very tough situation for everyone involved.....My Prayers and thoughts will be with you!
533595
There is no formula for personal injury compensation.  Every case is different.  Courts do not use a "table of compensation."  \n\nThe general rule of thumb in personal injury cases is to take the amount of your medical bills and triple them.  That figure often represents a reasonable amount of pain and suffering recovery.  For instance, if your medical bills were $25,000 your pain and suffering compensation would be $75,000.  Total reasonable recovery would be in the realm of $100,000.  It could be even more with aggravating circumstances (wage loss, property loss, etc.)\n\nThis is a general idea only, possibly limited to California.  Also keep in mind that this is not a rule of court or statute.  It's just something defense attorneys will generally use to calculate what they believe a reasonable settlement should be.\n\nVoid where prohibited.  Participation may vary.
180037
Im sorry for you loss.  I hope this will help you and your friend. Because he was a veteran (military) he should be eligable for burial benefits in a national cemetery.  In some cases, there is no cost to the family.  My grandfather was buried in a natinal cemetary when passed on several years back, and i don't beleive my grandmother was charged anything, but im not 100% sure.\n\nHeres the link to the natinal cemetary admin. page.  It has all the information on the national cemetery's (including benefits etc.).  There located in almost every state.  I hope this helps you.  \n\nhttp://www.cem.va.gov/burial.htm
416513
I don't understand your explanation of what the attorney said; maybe something was lost in the translation, or maybe s/he's wrong.  Wrongful death is not an intentional tort.  Each state has a wrongful death statute, but generally, it is where someone is killed and their death is caused by someone else's negligence or recklessness.  See first link below to a law firm website (I have zero affiliation with them and they're in Minnesota at any rate) that explains.\n\nAnother confusing issue is.... didn't the employer have workers comp?  Depending on what state the accident occurred in, there may be an exception such that the employer wasn't required to carry workers comp.  But if the employer was required to carry workers comp, you won't be talking about neg or wrongful death, you'll be talking about workers comp coverage.  (See 2nd link below.)\n\nFinally, the answer above raised a good point -- the decedent's estate may have a cause of action against the manufacturer of the equipment.  Often times this kind of 'products liability' claim would be 'strict liability' -- in other words, the estate wouldn't have to show that the manufacturer was negligent or reckless, just that they manufactured the product and it was defective.\n\nIf the atty you talked to didn't cover the above, find yourself another atty.  Although actually (as you probably already know) unless you were the decedent's wife when he died, you may not be the right person to bring the claim; your son would probably be able to bring the claim, so your son should get another atty.  Good luck.
479306
http://www.deathpenaltyinfo.org/article.php?scid=8&did=245
781716
Only if you can prove that the heart attack was work-related.  You will need a coroner's report or autopsy in most cases.  It will probably be a long, drawn-out legal battle but it will be worth it.  They will pay for his funeral too, but there might be a deductable.  I'm so sorry for your loss.
1046643
Any legal questions should really be put to an attorney to answer. But my understanding is that you should double check your homeowners policy for coverage, most insurances do cover accidents that occur on your premises. Look into Tort Laws regarding private property also and then you could find out for yourself what kind, if any, liability you may or may not be responsible for in your own state. Also you should check the records of the home where your grandfather is placed to make sure by their policy and the family's that you can take him... Do NOT accept the word of the nurse who may know nothing regarding the policy that may be enforce regarding him personally. She has his best interest at heart in wanting him to have family time., but you should be sure