Last Updated on August 28, 2025 by Beth Skwarecki
Wrongful death is defined as an incident involving the passing away of a nursing home patient due to neglect or abuse by staff members or healthcare providers within the facility.
It is usually up to the families to prove that the death occurred due to the carelessness or neglect of the caregivers entrusted with the responsibility of looking after the people in their care.
These unfortunate events deprive families of time they could have used to spend with their loved ones, in their golden years. Here we will look at how families who lose a loved one due to wrongful death in a nursing home may be able to sue the facility’s operators to recover damages for their loss and to hold them legally accountable.
Causes of Wrongful Death
There are many reasons why wrongful death can occur in a nursing home. This can include assault or physical abuse, bedsores, and broken bones.
Some cases have involved sepsis and dehydration. Sepsis refers to the body’s response to a severe infection which can lead to low blood pressure and organ damage. Other common reasons for the wrongful death of senior citizens relate to falls and malnutrition. Malnutrition can cause weakness, dehydration, and cognitive decline.
Cases abound where there has been evidence of errors in giving medication and medical malpractices such as improper monitoring of vital signs by untrained staff, or neglect to do so which led to an untimely death.
Who Can File a Claim for Wrongful Death in a Nursing Home
In the majority of cases, claims for wrongful death in nursing homes have been filed by the relatives of the deceased. According to the Chicago wrongful death attorneys at TPMB, these can include the representatives of the deceased’s estate, the partner, spouse, and children of the deceased, the siblings of the deceased, and any other financial dependents. The time limit for filing a case of wrongful death varies between 2 and 3 years, depending on the State.
The plaintiffs have to prove that they have been affected by the loss of the deceased member. The rules may differ from State to State, so it is best to take the help of professional attorneys to figure out what would be the best way to file a case in a particular circumstance.
The Process of Filing a Wrongful Death Claim
The following steps are usually involved in the process of filing a claim of wrongful death that took place in a nursing home facility:
#1. A Preliminary Review:
You will start by getting in touch with a lawyer who is qualified to deal with such cases. There are law firms in every State that have a free initial consultation to look at the circumstances of the case and determine whether or not you are eligible to file a claim for wrongful death.
#2. Investigating and Gathering Evidence:
The legal team will next investigate your case. They will gather evidence to prove that your loved one’s death was preventable and that the nursing facility is to blame. The evidence that they gather will likely include the autopsy report, the death certificate, and medical records. They will also look to collect reports on any incidents that caused wrongful death in the past, and if possible also record witness statements relating to what happened in the case of your loved one’s wrongful death.
#3. Filing a Case of Wrongful Death:
The plaintiff in cooperation with the legal team will then file a case of wrongful death in a Court of Law naming the nursing home as the defendant. The nursing home will do its best to refute the charges. The legal firm may often have to deal with the nursing home’s insurance provider to get the compensation. This compensation can help meet the deceased member’s funeral expenses, and medical bills and can assist in the living expenses of the deceased’s family members and their relatives.
Factors Considered Important in Getting Wrongful Death Settlements
The amount that the plaintiff gets in nursing home wrongful death settlements would vary, depending on:
- Age of the deceased,
- Health status when they died,
- Medical expenses resulting from injuries caused by any abuse or neglect,
- The severity of the abuse or neglect, and
- Number of dependents and their ages.
Conclusion
Filing a wrongful death case sends a strong message to the nursing home that their negligence will not be tolerated. It can give a sense of closure to the grieving family and allow them to get on with their lives. It is however necessary to prove that the nursing facility had a duty of care and that there were clear instances of neglect or abuse where this was not carried out, to win a claim of wrongful death.
Lizethe writes about the vital intersection of healthcare and law, breaking down complex legal topics into clear, practical insights. From patient rights to medical regulations, Lizethe helps readers understand the legal side of health, empowering them with knowledge to protect and advocate for themselves.