Nursing Home Fatalities and Wrongful Death Claims

When families place a loved one in a nursing home, they expect a high standard of health, safety, and comfort. Unfortunately, this is not always the case. Poor quality of care in nursing homes can result in tragic outcomes, including untimely deaths. 

When a loved one dies due to neglect or abuse in a nursing home, family members have every right to seek justice and compensation through elder abuse wrongful death claims.

What Is Wrongful Death in a Nursing Home?

Nursing facilities have a responsibility to provide care for people who cannot take care of themselves. Due to the vulnerable position of the residents, the law sets strict standards for nursing homes and allows families to pursue negligent nursing home claims against facilities that fail in their duty of care.

Wrongful death claims are lawsuits filed by surviving family members after an unexpected death. To pursue a successful nursing home wrongful death case, relatives must be able to show that mistreatment or negligence directly led to the resident’s death. 

Filing a claim allows surviving family members to collect compensation for nursing home deaths, hold the nursing home accountable, and ensure the same mistakes aren’t made in the future.

How Do Nursing Homes Contribute to Wrongful Death?

Unfortunately, many nursing home resident deaths are often preventable. Several factors may contribute to wrongful death in nursing homes, including:

• Neglect of basic needs. Nursing homes have a duty to see that residents receive adequate nutrition, hydration, and hygiene. If a nursing home neglects a resident’s basic needs, it can lead to severe health issues—like dehydration, malnutrition, bedsores (also known as pressure ulcers), infections, and organ failure—ultimately resulting in death.
• Failure to prevent falls. Elderly individuals in nursing homes are often at a high risk for falls, which can lead to serious injuries like head trauma, broken bones, or internal bleeding. If staff members fail to take appropriate precautions to prevent falls, such as using safety equipment or providing proper supervision, a fall can result in fatal injuries.
• Medical negligence. Nursing homes are expected to provide appropriate medical care, including administering medications, monitoring vital signs, and treating medical conditions. When medical staff fail to provide proper care or make mistakes in administering medication, it can lead to complications or death.
• Physical, emotional, or sexual abuse. Abuse in nursing homes takes many forms, from physical violence and verbal mistreatment to emotional or sexual abuse. Such abuse can leave lasting physical and emotional scars on residents, and in some cases, it can directly lead to fatal injuries or contribute to a rapid decline in health.
• Inadequate staffing. Nursing homes must maintain a certain level of staffing to meet their residents’ needs. When there are not enough caregivers to provide adequate supervision and assistance, residents may suffer preventable injuries. Overworked and undertrained staff may also be more likely to make errors that can have fatal consequences.
• Failure to report or address concerns. If nursing home staff or management fails to address concerns raised by residents or their families, it can escalate into more severe problems that ultimately lead to the resident’s death. For example, untreated infections, unaddressed bedsores, or unnoticed trauma can go on to cause serious health complications.

Finding Proof in Nursing Home Neglect Lawsuits

Wrongful death claims in nursing homes can be complicated, and nursing home facilities often have legal teams dedicated to defending them. Working with an injury lawyer with extensive experience in nursing home negligence cases is important to improve your chances of receiving the compensation you deserve. 

Here’s why hiring a skilled lawyer is essential:

• Expert knowledge of nursing home laws. Our attorneys understand the laws and regulations governing nursing homes, including state and federal requirements for care facilities. 
• Aftermath experience. Many nursing homes are for-profit institutions, and they may try to cover up incidents of neglect or abuse to avoid bad publicity and financial liability. Our attorneys know what to look for in a case and how to prove a nursing home’s negligence led to wrongful death.
• Investigation and evidence gathering. We will gather critical evidence, including medical records, witness statements, and expert testimonies, to build a strong case linking the nursing home’s actions to the death.
• Handling complex legal processes. Nursing home wrongful death cases involve complicated legal procedures and deadlines. Your lawyer will guide families through these processes, ensuring everything is handled efficiently and correctly. 
• Negotiating for fair compensation. Nursing homes and their insurance companies may try to minimize the amount of compensation they offer. Our injury lawyers will fight to ensure families receive full compensation for their loss.

Speak to a Nursing Home Fatalities Lawyer

Nursing homes should be sanctuaries for the elderly, but they often fall short of their duty to care for vulnerable residents. If someone you love passed away under suspicious circumstances in a nursing facility, contact Chain | Cohn | Clark for a no-obligation, free case review today.