On 5 October 2018 a visitor to our website posted a question to us in our ‘What Duty of Care does a Nursing Home Have?’ article. The person asked:
“What if an aged care facility has admitted administering an overdose of medication by an incompetent staff member, that I strongly believe exasperated her early demise?”
So, can a person sue a nursing home because they caused a death? Yes. A nursing home can be sued if their negligence has caused the death. They can also be sued for a psychological injury caused to a person because of the death.
For more information on the duty of care owed by a nursing home, see our article ‘What Duty of Care does a Nursing Home Have?
When can a nursing home be liable for a death?
The nursing home must cause the death
Who can make the claim for negligence?
Negligence claims as a way of seeing justice
What can an estate claim?
What can be claimed in a compensation to relatives claim?
Current laws discriminate against nursing home residents
Claims can be made for psychological injuries
Further articles by elringtons