Minnesota Nursing Home Wrongful Death Attorney
Wrongful Death Attorney Kenneth LaBore
Nursing home abuse and neglect is a serious threat the safety and lives or our seniors. Minnesota Nursing Home Wrongful Death Attorney Kenneth L. LaBore has spent the majority of his career handling complex medical malpractice and wrongful death cases, primarily for the victims and family of residents of elder care and supervised facilities, such as nursing homes, assisted living facilities, memory care units, group homes and others. Most nursing home and elder neglect cases and deaths stem from an incident or event that could have been easily prevented with adequate numbers of qualified staff.
Minnesota Nursing Home Wrongful Death Attorney Knows Hold the Facility Accountable
Minnesota Nursing Home Wrongful Death Attorney Kenneth LaBore is familiar with Minnesota wrongful death law and can help your family get the maximum recovery. Equally important, he knows how to hold the facility accountable by seeking fundamental changes in the facility such as increased training, changes in policies and procedures, etc., to ensure a similar event does not happen to others.
Minnesota Wrongful Death Law
Minnesota law establishes that a cause of action arising out of an injury to the person dies with the person, except as provided by Minn. Stat. § 573.02 (1998), the wrongful death statute. Minn. Stat. § 573.01. The Minnesota cause of action for wrongful death is created by statute, since there is not cause of action for wrongful death at common law. See, Fussner v. Andert, 113 NW2d 355 (1962). The statute allows for a limited claim for the pecuniary loss resulting from the act of another, the statute does not provide for damages that are subjective such as emotional distress and pain and suffering.
Minnesota Statute 573.01, subd. 1, sets for that a trustee must be appointed to initiate or continue any claims. The trustee’s claim is for the exclusive benefit of the next of kin and surviving spouse of the deceased. The term “next-of-kin” is a term of art and is not the same as “heirs at law”. The next-of-kin, includes the spouse, siblings, parents, and children of the deceased. This has been expanded to include a presumptive “next-of-kin” relationship for grandparents. See, Minn. R. Gen Prac. 144. The Minnesota Supreme Court, in the case of Wynkoop v Carpenter, 574 NW2d 422 (Minn. 1998), held that all the next-of-kin may sue, and they go on to define “all next-of-kin” to include “blood relatives who are members of class from which beneficiaries are chosen under the intestacy statute.”
Minnesota Wrongful Death Damages
Minnesota wrongful death claims are controlled by Minnesota Statute 573.02 and Minnesota Jury Instruction 91.75, which determines permissible Minnesota wrongful death damages. Although, there is no cap on damages and punitive damages are available in the most extreme cases, Minnesota does not allow compensation for some of the things that matter most in a wrongful death action; grief and emotional distress of the next-of-kin, pain and suffering in the death of the victim, an amount to punish the defendant unless specifically included by motion to the court. That is why you need an experienced attorney who is able to show systemic problems with the facility, management oversight and other issues that help support the claim.
Mr. LaBore Handles Wrongful Death Claims Due to Some of the Following Negligent Acts:
- Bed Sores / Pressure Ulcers
- Fall injury / Injuries
- Medication Errors
- Physical Abuse
- Infectious Disease
- Wandering & Elopement
- Infectious Diseases (MRSA, C-Diff)
- Elder Burn Injuries
- Choking & Asphyxiation
- Breathing Tube Care
- Urinary Infections & Sepsis
- Violation of Resident Rights
- Patient Lift Injuries and Other Improper Use of Medical Equipment
- Minnesota Nursing Home Wrongful Death Attorney
Call Kenneth L. LaBore for a free consultation. He has handled hundreds of nursing home abuse, neglect and wrongful death cases and is willing to discuss your concerns free of charge in an initial consultation. If someone you love has died as a result of abuse or neglect in a nursing home, then contact Kenneth LaBore locally at 612-743-9048 or call his direct toll free number 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.