Nursing Home Wrongful Death Cases

The elderly are supposed to live calmly and comfortably in nursing homes as they age. Unfortunately, while some residents of nursing homes are given this chance, many receive inadequate treatment in long-term care institutions, and some even die as a result. Wrongful death is when a nursing home resident dies due to the negligence of the nursing home management or personnel.

Nursing home errors are common occurrences across the United States. In some cases, the skilled nursing facility's failure to exercise the proper care or supervision could cost elderly residents their lives and lead to a nursing home wrongful death scenario.

Has your loved one suffered elder abuse or lack of proper care, which led to a nursing home wrongful death? Contact our experienced nursing home wrongful death lawyers, who will provide legal assistance from wrongful death settlements to a possible wrongful death lawsuit. Our legal team has helped many families obtain the compensation they were entitled.

Call our nursing home wrongful death lawyers at (800) 926-7565 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free legal case review. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

Nursing Home Wrongful Death Lawyers

A Nursing Home Wrongful Death Attorney Can Help

The personal injury attorneys at Nursing Home Law Center, LLC help family members file legal action against negligent facilities that allowed their loved ones to suffer a wrongful death.

Our organization's affiliated nursing home abuse lawyer is committed to seeking justice for your loss. From the time we are retained, we begin preparing a case for you to determine what happened and how the facility's negligence contributed to your loved one's death.

All of our nursing home wrongful death cases are handled on a contingency fee basis, where we only receive a legal fee when we successfully obtain a recovery for you. You do not need to pay any fees or costs upfront. We are experienced in dealing with wrongful death lawsuits.

Did your family lose a loved one due to nursing home negligence? If so, file a wrongful death lawsuit against the facility, and receive financial compensation through a negotiated settlement or jury trial award.

Our wrongful death attorneys will be at your side to determine how the wrongful death happened and seek compensation through legal action. Contact us today to discuss your case through a free legal consultation.

Nursing Home Wrongful Death Lawyers

How Poor Nursing Home Care Can Contribute to Your Loved One's Death

Nursing home wrongful deaths can result from various actions or inactions in the nursing home. The nursing facility could still be legally responsible even if a third party caused the injury resulting in death.

Here are some instances that can result in nursing home wrongful death lawsuits:

  • Pressure ulcers: A facility fails to prevent or diagnose a pressure ulcer (bed sore), and the resident develops a septic shock infection and dies from sepsis.
  • Falls: An unsupervised resident who falls and suffers a fatal head injury.
  • Physical abuse: A roommate or someone else physically attacks a resident, or there is nursing home abuse, which results in a fatal injury.
  • Dehydration and malnutrition: A malnourished or dehydrated resident developing life-threatening conditions like a urinary tract infection (UTI) might result in severe injury or a wrongful death case.
  • Medication errors: The nursing home staff members either prescribe or give the resident the wrong medication, which results in a wrongful death case.
  • Medical malpractice: The facility fails to live up to its obligation to treat the resident's health properly, check their medical records periodically, or prevent nursing home abuse from health practitioners.

How to Prove a Wrongful Death Lawsuit Against a Nursing Home

It is an unfortunate fact that deaths occur in nursing homes all the time. However, most of these deaths are from natural causes and do not involve wrongdoing on behalf of the facility or staff members.

There are differences between a routine death of an older adult and a wrongful death case. It is essential to consult with a nursing home abuse lawyer to discuss how your loved one died to decide whether it might be the basis for a viable wrongful death lawsuit.

A nursing home lawsuit must prove that three elements exist that identify a wrongful death case, which includes:

  • There was the death of a human being
  • The death resulted from nursing home abuse or its staff members
  • There was a financial, emotional, or devastating impact on the victim's family members

Usually, the first and third elements are not disputed during a wrongful death lawsuit against the long-term care home. The only issue is whether the facility's negligence caused the nursing home resident's death.

The medical facility might argue that the nursing home attempted to perform all necessary actions, but the incident or illness was the resident's fault, or their death occurred naturally.

Alternatively, the defendant facility will claim that the resident would have died regardless of their actions.

Our attorneys have the necessary experience dealing with nursing homes when filing wrongful death lawsuits. They possess the required knowledge to help you and your family through this harrowing situation.

Compensation That Might Be Recovered in A Nursing Home Wrongful Death Lawsuit

In nursing home wrongful death cases, the following could be recovered on behalf of the surviving family members that take legal action:

  • Funeral expenses
  • Burial expenses
  • Medical bills
  • Loss of support
  • Loss of love and companionship
  • Loss of guidance from the loved one
  • Punitive damages

Nursing Home Wrongful Death Lawsuit

Nursing Home Wrongful Death Claims: Impact of Arbitration Clauses

Nursing home wrongful death lawsuits are consequential in defeating the facility's attempt to force the case into arbitration. Many facilities use their superior bargaining power when nursing home residents enter a home to force families to sign arbitration agreements.

These agreements deprive families of their day in court as the owners attempt to select arbitration forums that they perceive to be more favorable to their interests. However, several courts have ruled that a nursing home wrongful death lawsuit cannot be arbitrated if the families want the case to go to court.

Indeed, the deceased resident's children and partners could file a nursing home wrongful death lawsuit against a skilled nursing facility. In some states, distant relatives could file a nursing home lawsuit with a compensation claim to recover funeral expenses and other costs (economic and non-economic) that they might have endured.

As opposed to filing a nursing home wrongful death lawsuit seeking compensation for the resident's injury, a wrongful death claim will seek financial compensation for the resident's death's impact on the plaintiff, the deceased patient's family.

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Sample Nursing Home Abuse Wrongful Death Settlements

Below are instances where families successfully initiated legal actions against facilities for wrongful deaths and received compensation for their loved one's wrongful death.

The circumstances involved in these nursing home wrongful death cases may appear similar to yours. However, we caution that each case is unique, and circumstances may be involved that may not be readily apparent.

If you have questions about your situation, contact a nursing home neglect lawyer in our organization for a free case evaluation on your nursing home abuse case or wrongful death scenario of a loved one.

Verdict in New York for $18.75 million

It was an egregious instance of alleged nursing home abuse and neglect of a resident who had developed twenty pressure ulcers while at the nursing home. The bedsores were allegedly the nursing home staff members' fault for failing to reposition his body as necessary to minimize pressure on bony areas.

The nursing home wrongful death lawsuit claimed he was also allowed to lie in his feces for an extended time. The pressure ulcers became infected with E. Coli, requiring five hospitalizations.

Despite attempts to manage the infection, it spread, killing the resident. The jury's award paid for all of the plaintiff's damages, including funeral costs.

Verdict for $29.1 million in California

An Alzheimer's resident fell and suffered an injury. For eight days, the nursing home failed to diagnose that she sustained a broken hip in the fall.

She eventually underwent surgery, developed a facility-acquired bedsore infection, and died from sepsis. California state law allows for punitive damages against nursing facilities, which is the bulk of this jury verdict.

Jury Verdict for $20 million in Kentucky

The facility allegedly did not listen to the man's complaints of abdominal pain nor took steps to obtain prompt medical care for him, including consulting a physician.

The abdominal pain was a precursor to a heart attack that led to the resident's death. The jury found the nursing home and staff negligent in providing care that ultimately caused the resident's death.

Nursing Home Wrongful Death Attorneys

Nursing Home Wrongful Death FAQs

Below are some frequently asked questions by families after their family member has died due to nursing home abuse, injury, or neglect while admitted to a long-term care facility such as a nursing home or assisted living facility.

We appreciate your loss and sense of frustration and anger following a death in a nursing home. When you are ready, our team of experienced nursing home elder abuse attorneys is here to answer any questions on wrongful deaths. Contact us anytime for a free consultation.

What Is the Leading Cause of Death in Nursing Homes?

According to the National Institutes of Health, falls, infection, medication errors, elder abuse, and neglect are common leading causes of wrongful death cases in nursing facilities. Nearly all nursing home wrongful deaths could be prevented had the nursing staff or administration followed established health care protocols and standards.

Infections could lead to life-threatening conditions, including:

  • Bedsores (pressure sores, pressure wounds, pressure ulcers, decubitus ulcers)
  • Pneumonia
  • Urinary tract infection (UTI)
  • Diarrheal diseases, including gastrointestinal infections, lead to severe dehydration.
  • Methicillin-resistant Staphylococcus aureus and other antibiotic-resistant infections, including Clostridium difficile
Why Do Nursing Home Falls Kill So Many Residents?

According to the CDC (Centers for Disease Control and Prevention), millions of retired individuals fall yearly at home or in a nursing home. More than three million seniors visit emergency rooms for treatment or procedures to fix their fall-related injuries.

Even with proper treatment, the injured resident could suffer severe complications or develop life-threatening infections, including osteomyelitis (bone infection) and sepsis (blood infection), caused by bedsores and pressure wounds, leading to wrongful death.

What Do Nursing Homes Do When Someone Dies?

As soon as a nursing home resident dies, a registered nurse or the Director of Nursing contacts family members to notify them of the loved one's passing. The staff will require that the family coordinate with the funeral home to remove their loved one's remains and process the death certificate.

The convalescent center, assisted living facility, or nursing home must immediately remove the decedent's body in some locales.

What Is the Average Life Expectancy of Nursing Home Residents?

According to a study released by the University of California – San Francisco, the average life expectancy of a person admitted to a nursing home is 13.7 months from admission. Over half of the study's assisted living facility and nursing home patients died after just six months of admission.

Men tend to die quicker on average in nursing homes compared to women. The study revealed that nursing home residents with social support tend to live longer than isolated ones.

Other contributing factors to the length of life expectancy include marital status, age, underlying health conditions, and other issues.

How Do You Know When It Is Time for a Nursing Home?

Many families must decide to place a loved one in a nursing home to ensure they receive the best care in a safe environment.

Common reasons to consider relocating to a nursing home include:

  • The patient's disability is at a level where their health, safety, and well-being are compromised or endangered
  • Their underlying health conditions are declining.
  • The caregivers at home suffer from chronic burnout while providing services to the loved one.
  • Caregivers can no longer assist or lift the loved one to provide daily care.
  • The household's other responsibilities are neglected and creating serious issues for the family
  • The loved one can no longer eat food or drink beverages without assistance.
  • The home has created an isolated environment that is taking a toll on the loved one
What Are the Three Most Common Complaints about Nursing Homes?

Millions of Americans reside in nursing homes and assisted living facilities to ensure they receive the best care in a safe environment. The nursing home staff must develop an effective risk management plan based on the resident's needs to maximize their well-being based on the medical services and hygiene assistance caregivers provide.

However, the most common complaints residents report concerning their care include:

  • The nursing home is slow to respond to their calls
  • Staffing issues include understaffing, under-trained nurses and certified nursing assistants, and overworked nursing home employees.
  • Disrupted sleeping patterns when the nursing staff provides residents around-the-clock care by administering medications or obtaining vital signs
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Has Your Loved One Suffered Wrongful Death While at a Nursing Home? Talk to an Attorney Now

Our law firm understands there is no way filing a nursing home wrongful death lawsuit will take away your grief. However, obtaining financial compensation from the nursing home will help pay for your suffering and loss.

Did your loved one die in a nursing home due to mistreatment? The wrongful death attorneys at the Nursing Home Law Center work as advocates and counselors for families wanting justice for a loved one's wrongful death cases. They are an experienced team that has helped many recover damages with a nursing home wrongful death lawsuit.

Contact our law firm today at (800) 926-7565 (toll-free phone number) or through the contact form to schedule a free legal case review. All discussions with our nursing home abuse lawyers remain confidential through an attorney-client relationship.

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Client Reviews

★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric