Nursing Home Wrongful Death Lawyer

Losing someone you love is a tragic, devastating experience. When the death happens while your loved one is living at a nursing home, and their death is due to nursing home neglect or abuse, it’s more overwhelming. The pain of losing a loved one due to neglect by those who should be caring for them is unimaginable.   

If you believe that the death of your loved one was a result of nursing home abuse or neglect, you might be entitled to file a wrongful death lawsuit. Filing a nursing home wrongful death lawsuit is a complex venture. You need the help of a successful and experienced nursing home abuse and wrongful death lawyer to seek compensation.   

Nursing Home Wrongful Death Settlements  

When families lose a loved one in a nursing home or other medical facility under preventable circumstances, pursuing a nursing home wrongful death lawsuit can be one way to get justice and accountability. While there isn’t necessarily a standard average wrongful death settlement, it can be helpful to know what you may be able to obtain from this type of nursing home lawsuit. 

Below are some examples of nursing home wrongful death settlements and verdicts we’ve achieved for families in these tragic situations:  

$12,800,000 nursing home lawsuit verdict in a wrongful death case involving untreated bedsores that led to the resident’s death. This helps cover funeral expenses and other costs.

$3,000,000 nursing home lawsuit settlement for the nursing home wrongful death of a man who developed fatal pressure sores after being admitted to a skilled nursing facility following hip replacement surgery.    

$2,150,000 nursing home lawsuit settlement in a wrongful death case where a resident developed bedsores at the assisted living facility, leading to sepsis and eventual death.  

$1,250,000 settlement for a choking-related wrongful death nursing home lawsuit that was resolved before going to court. 

$4,000,000 nursing home lawsuit settlement for a wrongful death case involving a man who suffered a fatal fall during a hospital stay after hip replacement surgery, resulting in a subdural hematoma. 

While no nursing home lawsuit settlement in a wrongful death case can replace a family member or life partner, holding responsible parties accountable can help families find closure and prevent similar incidents from occurring to other residents in the future.    

What Is Nursing Home Wrongful Death?

Wrongful death is a legal term referring to a situation where someone’s death is caused by the negligent actions or intentional harm of another party. Nursing home wrongful deaths occur when a nursing home resident dies as a result of nursing home negligence or abuse by the facility or its staff. 

To determine if a nursing home death qualifies as wrongful, several factors are considered.    

Proving Negligence in Nursing Home Wrongful Death Cases

To successfully pursue a nursing home wrongful death case, four elements of negligence must usually be proven. These elements establish that nursing home employees acted in a manner that led to the tragic loss of life.  

Duty of Care   

The first element requires showing that the nursing home owed a duty of care to the resident. By accepting a resident into their nursing home facility, the nursing home agrees to provide a safe environment, proper medical care, and the basic necessities required for the resident’s well-being. 

Breach of Duty 

Next, it must be demonstrated that the nursing home breached its duty of care. Breaches occur when nursing home staff members fail to follow standard procedures, ignore a resident’s needs, or allow unsafe conditions to persist. 

For example, the nursing home fails to respond to a resident’s worsening bedsores, despite clear signs that their condition is deteriorating. The resident dies as a result of an infection.  

Causation 

The third element focuses on causation, which means proving that the breach of duty directly caused or significantly contributed to how the resident died. This is often one of the trickiest aspects to establish, as it requires clearly linking the nursing home’s actions – or lack thereof – to the resident’s passing. 

For instance, if the resident with bedsores suffers a fatal infection because staff failed to provide appropriate treatment, it would be argued that the infection and subsequent death resulted directly from the staff’s actions.

Damages 

Lastly, damages refer to the tangible and intangible losses suffered as a result of the resident’s death. This can include medical bills for treatments prior to their passing, funeral costs, and emotional pain experienced by the victim’s family members.

Losing a loved one in such avoidable circumstances is always devastating, and while no legal action can bring them back, holding negligent parties accountable through a nursing home lawsuit provides an opportunity for closure and reassures others that their loved ones will be safer in the future.

Causes of Nursing Home Wrongful Death 

Wrongful death in a nursing home or assisted living facility can happen for various reasons. The common causes of wrongful death in these settings are: 

Falls and Broken Bones

Fall prevention is an essential responsibility in nursing homes. Staff should take appropriate measures to reduce fall risks in older adults, as they are more susceptible to severe injuries. A single fall can lead to broken bones, internal injuries, and other complications that may contribute to a resident’s nursing home death.

Neglect

Failing to meet a resident’s basic needs can have devastating consequences. From failing to provide proper hygiene routines to ignoring signs of distress, neglect can cause a rapid decline in health, sometimes leading to nursing home deaths. 

Infections

Many infections in nursing homes are preventable with proper care and hygiene practices. When staff fail to isolate contagious residents, follow handwashing protocols, or maintain cleanliness in shared spaces, infections can quickly spread, putting vulnerable individuals at serious risk of nursing home wrongful death.

Medication Errors

Mistakes in administering medications, such as providing the wrong drug, incorrect dosages, or missing doses altogether, can have severe consequences. These medication errors may cause adverse reactions or exacerbate existing health conditions, sometimes resulting in a nursing home wrongful death. 

Bedsores

Bedsores, also known as pressure ulcers, develop when residents are left in one position for extended periods. Untreated bedsores can become infected, causing pain and infections like sepsis, and ultimately contributing to fatal complications if not addressed.

Choking or Aspiration 

Many residents require assistance during meals to ensure they can eat safely. If proper supervision is not provided, residents may choke or aspirate food or liquids, potentially leading to respiratory complications or death.

Wandering and Elopement

When nursing homes lack adequate safety measures, residents with cognitive impairments like dementia can wander off or leave the facility unsupervised. These situations put residents at risk of severe injuries, exposure to harsh conditions, or fatal accidents.

Physical Abuse

Residents may suffer intentional physical abuse and serious injuries from staff or other residents. Even unintentional excessive force, such as being too rough while assisting someone, can lead to health risks, worsening the resident’s condition and potentially contributing to their death.

Dehydration, Weight Loss, and Malnutrition

Failure to provide proper nutrition and hydration can result in extreme weakness, organ failure, and significant health deterioration. Negligence in monitoring residents’ diets or fluid intake can lead to fatal consequences.

Failure to Diagnose

When staff overlook medical symptoms or delay seeking medical treatment, time-sensitive conditions may go untreated. These delays can worsen a resident’s health dramatically, turning treatable complications into life-threatening emergencies.

These issues highlight the importance of maintaining high standards of care to protect the safety and well-being of all residents.

Standards of Care in Nursing Homes

Every nursing home is responsible for ensuring residents are cared for to the best of their ability. The standard of care is high, and when it’s not met, the nursing home can be held liable for negligence. 

Duty of Care To Nursing Home Residents 

Nursing homes are required to provide a high standard of care to residents. This is a legal and ethical obligation. The duty of care encompasses different parts of the resident’s well-being, including their physical and emotional health, quality of life, and safety. Responsibilities of the nursing home staff include: 

• Protecting the residents from nursing home abuse and neglect 
• Maintaining a safe and clean environment
• Providing residents’ health care and monitoring   
• Ensuring proper nutrition and hydration
• Preventing and treating bedsores 
• Administering medications correctly 
• Implementing fall and elopement prevention strategies 
• Offering social and recreational activities 
• Respecting the residents’ dignity and rights 

Breaching Standards of Care and Preventing Nursing Home Wrongful Deaths

When they can’t provide the level of care they’re supposed to, it can lead to the wrongful death of a resident. Common breaches of this duty of care include:

• Failing to implement proper infection control procedures
• Understaffing, which means inadequate supervision and care 
• Ignoring or downplaying residents’ medical complaints 
• Failing to train staff members properly
• Neglecting to keep the nursing home safe

To ensure that nursing homes are maintaining the level of care that they should be, and therefore preventing nursing home wrongful death, they should: 

• Conduct regular health assessments and update care plans accordingly 
• Have emergency response plans in place 
• Implement medication management systems 
• Monitor nutrition and hydration 
• Conduct risk assessments and develop prevention programs 

Regulatory and Legal Standards

It’s not just that nursing homes should abide by their ethical obligations, but they are legally required to. State and federal regulations are in place to ensure that nursing home residents are safe and receive proper care. Some critical federal regulations are: 

• The Centers for Medicare and Medicaid Services (CMS) sets forth regulations for programs that take Medicare and Medicaid.
• The Nursing Home Reform Act of 1987 establishes the basic standard of care and rights that nursing homes have to provide to residents.

Every state has its regulations in place. They can regulate things like: 

• Staffing ratios
• Nursing home licensing and inspection procedures
• Staff training and qualification requirements 
• Specific care protocols for certain medical conditions 

Nursing homes can help prevent wrongful death by following all state and federal regulations. They have to: 

• Report nursing home abuse and neglect, including unexplained injuries 
• Maintain detailed records of care for every resident 
• Develop and implement quality assurance and improvement programs 
• Undergo periodic inspections by state and federal agencies 

How Patients and Family Members Can Report Issues in Nursing Homes 

If you or a loved one has experienced mistreatment or observed questionable practices in a nursing home, knowing how to report these issues is important. Several organizations are dedicated to addressing nursing home abuse, neglect, and violations within long-term care facilities.  

Adult Protective Services (APS)

APS is the primary agency responsible for investigating cases of elder abuse and neglect, including those occurring in nursing homes. They work to protect vulnerable adults and can provide resources to ensure their safety. 

If you suspect a resident is facing physical, emotional, or financial abuse, contacting the local APS can launch an investigation and connect those affected with support services.   

The Centers for Medicare and Medicaid Services 

CMS oversees Medicare and Medicaid certifications for nursing homes. This organization conducts regular inspections to ensure nursing homes and other care facilities are meeting certain standards. 

If the care provided at a nursing home is insufficient or non-compliant with regulations, CMS has the authority to enforce corrective actions. Reporting to CMS can help address systemic issues or immediate dangers to residents.   

Long-Term Care Ombudsman Programs

Ombudsman programs focus on protecting the rights of nursing home residents and ensuring their voices are heard. An ombudsman can assist in resolving complaints about mistreatment, living conditions, or lack of services. 

They act as an advocate for the resident, working closely with both the individual and the negligent facility to find a resolution that meets the resident’s needs and respects their rights.  

State Licensing Boards

Each state has a licensing board that monitors nursing homes to ensure they comply with state-specific regulations. These boards have the authority to investigate complaints, enforce penalties, and even revoke a negligent facility’s license if necessary. 

Reporting a concern to the state licensing board can address issues with management, staffing, or operational practices that may not meet requirements. 

Understanding how each of these organizations operates can help you make an informed decision when seeking assistance for nursing home-related concerns. 

Signs and Red Flags – Identifying Negligence and Liability in Nursing Home Abuse Cases

One of the first steps in filing a nursing home wrongful death lawsuit is establishing who is liable and if negligence played a role in the death. Negligence in these cases usually is due to not providing the expected standard of care. Signs of nursing home negligence and abuse include in a nursing home include:  

• Sudden and unexplained weight loss 
• Dry skin and other signs of dehydration 
• Unexplained injuries or a rapid decline in health 
• Frequent falls or accidents 
• Development of bedsores and skin conditions 
• Unsanitary living spaces 
• Over or under-medicating residents 
• Signs of financial exploitation 
• Unexplained bruises, cuts, or broken bones
• Lingering infections that weren’t treated properly 
• Signs of emotional distress or withdrawal  
• Fear of a certain person in the facility or a desire to leave the facility 
• Sexually transmitted diseases

If you notice any of these signs, it’s important to take legal action by documenting evidence, reporting concerns, and seeking legal help.   

Evidence a Nursing Home Abuse Attorney Collects To Prove Negligence or Abuse 

When filing a nursing home wrongful death case, proving that nursing home abuse or neglect occurred involves gathering thorough and convincing evidence. Examples of evidence that may help establish liability include: 

• Medical records showing issues with treatment or care 
• Testimony from medical experts, explaining how the expected standard of care was not met 
• Nursing home facility policies or procedures that reflect improper or unsafe practices 
• Interviews with nursing home staff, residents, and visitors to build a clearer picture of events 
• Photographs of unsanitary conditions, injuries, or other unsafe environments 
• Statements from witnesses, including the victim’s family members, other residents, or healthcare aides  

Whether the nursing home failed to provide the standard of care on purpose or was negligent, proving the nursing home or specific staff members were negligent is vital in your nursing home negligence case. Gathering medical records is going to be one of the most important aspects of the case.     

Legal Rights of Families

Surviving family members whose loved ones passed away due to negligence or nursing home abuse have rights. Their rights in nursing home wrongful death cases vary by state, but generally, their rights include:  

• Filing a nursing home wrongful death lawsuit 
• Right to financial compensation for damages incurred due to the nursing home wrongful death 
• Right to information surrounding their loved one’s care and what led to their passing 
• Having a thorough investigation of the events leading to the wrongful death 
• Right to protection from retaliation from the nursing home or its staff members 
• Right to representation from an experienced legal team   
• Ability to choose a different care provider for any loved ones still within the facility 
• Right to privacy 

Hiring a nursing home wrongful death attorney will help family members navigate a wrongful death lawsuit to ensure they can hold the facility accountable. 

Role of a Nursing Home Wrongful Death Attorney 

A nursing home abuse lawyer will play a vital role when it comes to family members filing a nursing home wrongful death lawsuit and seeking justice. They have the experience, knowledge, and compassion to guide them through the process. 

Elder abuse attorneys combine their knowledge and experience of elder, personal injury, and wrongful death law to succeed. Here’s how they can help:

Investigation and Evidence Collection 

One of the roles a nursing home wrongful death attorney has is to help investigate and collect evidence for your nursing home negligence case. The process they take for investigating and gathering evidence will vary depending on the legal team you choose, but it generally involves: 

• Collecting and reviewing all medical information and records from the nursing home and other medical facilities
• Speaking with witnesses at the nursing home about the incident and events leading to the nursing home wrongful death 
• Consulting with medical experts who can provide testimony that proves the nursing home wrongful death was due to negligence on the part of the nursing home or specific staff members 
• Going over facility records to see what procedures weren’t followed
• Reviewing all state inspection reports to see if the facility has a history of negligence 
• Gathering physical evidence like photos of the nursing home resident’s living conditions and injuries prior to the death

Legal Representation and Advocacy 

Nursing home wrongful death lawyers are here to be your biggest advocates and protect your rights. Their responsibilities include:  

• Thoroughly explaining your legal rights and options so you can make the best decision
• Representing the family in settlement proceedings
• Representing the family in court if the wrongful death lawsuit isn’t settled 
• Filing the nursing home wrongful death suit and handling the paperwork that goes along with it  
• Offering emotional support when they can 
• Protecting the family’s rights and interests 
• Handling communication between parties involved in the nursing home lawsuit 

Negotiation With Insurance Companies and Litigation if Necessary

Your nursing home attorney will handle negotiations and litigation for you. Their responsibilities relating to your nursing home lawsuit include:   

• Engaging in settlement negotiations to ensure you get the maximum compensation for the damages incurred 
• Preparing for trial (if applicable) by preparing documents and witnesses and developing a strong legal strategy
• Having a strong courtroom presence and ensuring all legal proceeds are followed correctly 

Steps to Take After a Nursing Home Wrongful Death Incident

It’s hard to think about anything but your loved one after their death, but if you feel like the nursing home is responsible due to negligence, knowing what to do after can be helpful.

Immediate Actions

After your loved one passes away, below are some of the things you’ll want to do sooner rather than later: 

• Report the death and events leading to the wrongful death death to the nursing home administration, local law enforcement, your state’s department of health, adult protective services, and/or the state licensing agency 
• Document everything you can about the incident and wrongful death 
• Gather evidence, like an incident report from the nursing home and copies of all your loved one’s medical records
• Find someone to do an independent medical exam  

Legal Consultation With a Nursing Home Lawyer 

After you do the above, you’ll want to consult with a nursing home wrongful death lawyer who knows about wrongful death lawsuits and nursing home neglect. 

The consultation is an opportunity for you to talk with a knowledgeable nursing home lawyer about wrongful death lawsuits. You can work together to develop the right strategy to hold the nursing home accountable.  

What Financial Compensation Can Be Pursued in the Nursing Home Wrongful Death Legal Process? 

When you file a nursing home wrongful death lawsuit, you can seek compensation for various damages. Some of the most common types of compensation sought include: 

• Medical expenses for the medical bills incurred due to the illness or injury that led to the wrongful death of your loved one 
• Funeral expenses and burial costs 
• Loss of financial support the loved one was providing to the family members before they passed away  
• Loss of companionship or consortium, which is the loss of love and affection from the loved one 
• Pain and suffering that the nursing home resident went through before their nursing home wrongful death 
• Loss of services, which covers any services the resident would’ve been able to provide for their family before their wrongful death 
• Mental anguish
• Counseling services for the surviving family 
• Loss of inheritance
• Punitive damage in the case of severe nursing home negligence or intentional misconduct

How Long Do I Have to File a Nursing Home Wrongful Death Lawsuit?   

Most legal cases – criminal and civil – including nursing home wrongful death, have a statute of limitations on them. The statute of limitations for filing a wrongful death lawsuit varies from state to state. Ensuring that you file your elder abuse lawsuit within your state’s timeframe is key to seeking justice and compensation.   

Generally, the statute of limitations for a nursing home wrongful death lawsuit is two to three years, but it’s important that you check with your state. Given the variables that can impact your wrongful death lawsuit, it’s important to take legal action immediately to ensure that no one gets away with negligence. 

Consult a Skilled Wrongful Death Nursing Home Attorney! 

Losing a loved one is never easy, especially when it’s because of the negligence of the nursing home that was supposed to take care of them. While nothing will bring back your loved one, filing a nursing home wrongful death lawsuit can help you get compensation for your loss, hold the nursing home and staff members accountable, and give you a sense of justice.

Working with a nursing home abuse lawyer who understands how to handle nursing home wrongful death lawsuits is crucial for success. The personal injury lawyers at the Nursing Home Law Center have the knowledge, experience, and dedication to handle wrongful death cases with the care they deserve. 

We handle nursing home lawsuits on a contingency fee basis, which means if we don’t recover damages – like for medical expenses and funeral costs – you don’t owe us anything. If you’re ready to seek compensation for the wrongful death of your loved one, call (800) 926-7565 or fill out our online form for your free consultation.