Nursing Home Wrongful Death
When nursing home neglect or abuse causes a resident's death, families have the right to hold the facility accountable.
Free Case ReviewWhen a nursing home resident dies as a result of abuse, neglect, or inadequate care, the loss is compounded by the knowledge that it should not have happened. These deaths are not inevitable consequences of aging — they are the result of failures by facilities that had a legal duty to provide proper care.
At Maples, Connick & Brendel, we represent families who have lost loved ones due to nursing home wrongful death, pursuing accountability and compensation from the facilities and corporations responsible.
Common Causes of Nursing Home Wrongful Death
We handle cases where nursing home residents have died as a result of untreated or inadequately treated infections, including sepsis from pressure sores and urinary tract infections. Falls resulting in fatal head injuries or hip fractures with surgical complications. Medication errors including overdoses, missed doses, and dangerous drug interactions. Choking incidents due to failure to follow dietary restrictions or provide supervised feeding. Dehydration and malnutrition from inadequate nutrition management. Elopement — residents with cognitive impairments wandering away from the facility and suffering fatal exposure, drowning, or traffic wrecks. Delayed medical response when a resident’s condition deteriorates.
Investigating a Nursing Home Death
Families often suspect that something went wrong but may not have clear evidence. We conduct thorough investigations that include obtaining and analyzing the complete medical record, requesting autopsy results and independent medical review, reviewing the facility’s staffing records around the time of death, examining the care plan and whether it was followed, checking the facility’s state inspection history and prior deficiency citations, and interviewing family members, staff, and other residents.
Filing a Claim
The rules for who can file a nursing home wrongful death claim and what damages are available depend on the state where the death occurred. Across the Southeastern United States, surviving family members can pursue compensation for medical expenses incurred before death, funeral and burial costs, loss of companionship and support, pain and suffering experienced by the resident before death, and in some cases, punitive damages to punish particularly egregious conduct.
Statutes of limitations vary across states. That’s why it’s important to contact an experienced wrongful death lawyer as soon as possible.
Frequently Asked Questions
If the death was unexpected, if it followed a period of declining condition that the facility did not adequately address, or if it resulted from a specific incident like a fall or infection, there may be grounds for a negligence claim. We can review the medical records and circumstances to help you determine whether the facility’s care fell below acceptable standards.
Yes. A death certificate listing natural causes does not preclude a wrongful death claim. The key question is whether the facility’s negligence contributed to or accelerated the death. An independent medical review can often reveal care failures that are not reflected in the official cause of death.
Even when a resident has serious underlying health conditions, the nursing home has a duty to provide care that does not hasten death. If negligence — such as failure to treat an infection, prevent a fall, or manage medications — contributed to the death, the facility can be held responsible regardless of the resident’s pre-existing conditions.