Updated: November 2, 2024
Nursing homes and assisted living facilities provide a safe, caring environment for elderly residents. While some residents nearing the end of their lives may pass away due to natural causes, mistreatment by caregivers can lead to unexpected loss. If you suspect abuse or neglect, you may wonder what happens if someone dies in a nursing home under suspicious circumstances and your family’s legal options.
Learn your rights after a loved one dies in a nursing home due to abuse or neglect and how a nursing home abuse attorney can help you seek justice for your family through a nursing home wrongful death lawsuit.
What Is Wrongful Death in a Nursing Home?
Wrongful death in a nursing home occurs when a resident’s passing results from neglect, abuse, or substandard care by the facility or its staff. A wrongful nursing home death can involve various situations, from medical neglect—such as failing to provide necessary treatment or medication—to physical or emotional abuse.
In these cases, families may have the right to pursue a lawsuit against a nursing home for wrongful death, seeking accountability for the facility’s actions and compensation for their loss.
Common Causes of Wrongful Death in Nursing Homes
Wrongful death in a nursing home often results from different types of negligence or misconduct. Many nursing home lawsuits focus on the following issues:
- Medication errors. Mistakes in giving medication, skipping necessary doses, or providing incorrect amounts.
- Physical or emotional abuse. Harmful actions, such as physical violence or emotional mistreatment.
- Neglect. Insufficient care—including a lack of hygiene, nutrition, or mobility support.
- Lack of supervision. Not closely monitoring residents, particularly those prone to wandering or falls.
- Bed sores and infections. Nursing home neglect leading to death can occur when immobile residents don’t receive assistance. This can result in painful bed sores, which may develop into life-threatening infections.
Who Can File a Wrongful Death Lawsuit in California?
In California, only certain individuals are eligible to file a wrongful death lawsuit on behalf of the deceased. Under Statute 377.60, this includes:
- The deceased’s spouse or domestic partner
- The deceased’s children
- The deceased’s grandchildren (if the deceased’s children are no longer alive)
- Other individuals entitled to inherit the deceased’s estate, such as parents or siblings, if none of the above parties exist
If you fall into one of these categories, an assisted living facility’s wrongful death attorney may be able to help you file a nursing home lawsuit for damages.
Is It Difficult To Sue a Nursing Home?
Some nursing home negligence cases can be straightforward, such as those involving clear medical neglect or abuse. Other situations, like suing a nursing home for a fall, may be more challenging to establish.
Typically, you can pursue a claim by demonstrating the following legal elements with the help of your nursing home neglect attorney:
- Duty of care. Nursing homes have a legal duty to ensure resident safety. To demonstrate this responsibility, documents like admission agreements can confirm the facility’s obligation to care for your loved one.
- Breach of duty. It’s essential to demonstrate that the nursing home failed in its duty of care. This can be supported with evidence such as medical records, staff reports, or witness statements highlighting missed medications, inadequate hygiene, or other neglect.
- Causation. You need to connect the nursing home’s negligence to your loved one’s passing. Evidence such as medical records, doctor testimony, or video footage can demonstrate how inadequate care, like insufficient supervision, resulted in a fatal event, such as a fall.
- Damages. Finally, using documents or expert testimony, you’ll need to show specific damages, such as medical bills, funeral costs, and the emotional impact on your family.
How Much Can You Sue a Nursing Home for Negligence?
When you file a lawsuit against a California nursing home or care facility, you can seek damages and hold the responsible staff and administrators accountable for their negligence. Your wrongful death nursing home settlement may include the following:
| Type of Damage | What It Covers |
| Medical Expenses | Covers costs related to your loved one’s medical care before their passing, including hospital stays, treatments, and medications. |
| Funeral Services and Burial Costs | Pays your loved one’s funeral and burial expenses, including transportation, cemetery fees, and other associated costs. |
| Loss of Financial Support | Provides compensation for the loss of income and financial support if your loved one contributed to the family’s finances. |
| Pain and Suffering | Compensation for the physical pain and emotional suffering your loved one may have endured before passing. |
| Loss of Companionship | Offers compensation for the loss of your loved one’s companionship, love, and support, affecting surviving family members such as spouses, children, or grandchildren. |
| Emotional Distress | Offers compensation for the loss of your loved one’s companionship, love, and support, affecting surviving family members such as spouses, children, or grandchildren. |
| Punitive Damages | May be awarded by the court for especially malicious or wanton behavior. Intended to punish the facility for its actions and discourage similar behavior in the future. |
Average Settlement Amounts for Nursing Home Wrongful Death Cases
Settlement amounts in wrongful death and elder neglect cases can vary widely, depending on the severity of negligence and harm involved. Typical settlements often range from $500,000 up to $900,000. However, some can reach into the millions. In Holley v. Silverado, the family secured a $1.2 million settlement after establishing that the facility’s negligence contributed to their loved one’s passing.
A skilled attorney for wrongful death in a nursing home can help your family pursue a fair settlement to help you find peace after suffering the loss of a loved one due to abuse or neglect in a care facility.
How Long Does a Nursing Home Lawsuit Take
Before taking legal action, you may want to know how long it takes to file and win a nursing home lawsuit for wrongful death. Here’s an overview of the legal process and how long it may be for your family to achieve a resolution:
- Gather evidence. If you suspect wrongful death, begin gathering documentation related to your loved one’s care, such as medical records, incident reports, and caregiver notes. Additionally, obtain their death certificate and, if available, an autopsy report, which may indicate the cause of death or reveal evidence of neglect or abuse.
- Report to the proper authorities. File a complaint with the California Department of Public Health (CDPH), which may investigate the case and penalize the nursing home facility.
You might also contact law enforcement, especially if there is evidence of physical abuse or suspicious circumstances surrounding your loved one’s death. This official report can serve as valuable evidence to support your lawsuit in court. - Consult an attorney. Consult a qualified attorney for wrongful death in an assisted living facility. They will review your evidence, advise on legal options, and begin formal steps if a lawsuit is appropriate.
- Attorney’s investigation and expert review. Your attorney will conduct an in-depth investigation, including gathering additional evidence and obtaining expert medical opinions to establish negligence. They may also request inspection reports, staff training records, and previous citations against the facility.
- Filing the wrongful death lawsuit. Your attorney will officially file the wrongful death lawsuit against the nursing home, initiating the legal process. This step typically takes a few weeks, depending on court schedules.
- Discovery and settlement negotiations. During discovery, both parties share information, and your attorney will question nursing home staff and administrators under oath. They will likely negotiate during this phase and may settle before going to trial. This phase can last several months to a year or more, depending on the complexity of your case.
- Trial and resolution. If a settlement isn’t reached, the case may proceed to trial, where a judge or jury will determine the outcome. Depending on the case’s complexity, trials can last from a few days to several weeks. Based on the evidence presented, the judge or jury will decide on the compensation awarded to your family.
Protect Your Family’s Rights After Wrongful Death in a Nursing Home
Losing a loved one due to neglect or abuse in a nursing home can be devastating, but you have options to seek justice. By gathering critical evidence, reporting the incident to regulatory agencies, and consulting with an experienced attorney, your family can take steps to hold the facility accountable.
With a compassionate and experienced attorney guiding you through the legal process, from filing to resolution, you can pursue a wrongful death claim that honors your loved one’s memory and helps protect other residents from similar harm.
