Wrongful Death

Nursing Home Wrongful Death

It is difficult to determine how many wrongful deaths occur in nursing homes and other facilities. However, most people in nursing homes are merely elderly and frail, rather than mortally ill. Therefore, it is probable that there are more wrongful deaths in nursing homes than immediately apparent.

How a claim for wrongful death works

Wrongful death is a cause of action under Washington state law. This means that if a nursing home or other care facility is found to have been negligent and that the negligence led to the death of your loved one, you can seek compensation in a lawsuit or claim against the nursing home. Wrongful death suits do several things. They can:

• Determine that the nursing home or other care facility was responsible for the death because of their negligent actions or misconduct
• Provide payment to the estate of the deceased in compensation for the suffering endured prior to the death for the death itself
• Compensate the surviving family for their financial and emotional losses because of the death
• Provide that attorney’s fees and court costs in a wrongful death suit be paid by the defendant

Falls are the most common cause of nursing home death

A nursing home wrongful death is most often caused by a fall that occurred because the patient was not properly supervised. Seniors who fall and break a hip or leg can become so debilitated that they become bedridden, even contract pneumonia and die. In such cases, the cause of death may be listed as pneumonia although the actual cause was the fall that caused them to become bedridden.

Nursing home abuse and neglect common causes of death

Other common causes of wrongful death in a nursing home setting include:

• Medication errors and other types of medical malpractice
• Physical abuse
• Infected bedsores
• Starvation or dehydration from malnutrition and failure to provide adequate fluid intake
• Choking on food prepared without attention to the consistency that could be swallowed

Contact a lawyer who is also a registered nurse

If you believe that your loved one’s death in a nursing home may have been caused by the negligence or carelessness of the home, it is important to seek legal advice about your options. Filing a wrongful death claim can be an important way of letting the nursing home industry know that they are being watched. It also can provide the surviving family members with compensation for their loss.

At my Seattle law office, I talk with family members about their options after a death. Because of my years of nursing experience, I am able to obtain and review medical records quickly and let people know whether they have a case. My knowledge of regulations related to care requirements in nursing homes allows me to build strong cases for people left behind after a wrongful death. Contact me, Catherine S. Strong, RN, BSN, JD. I can help.