Article Updated: September 10, 2021
Nursing Home Wrongful Death Settlements
I have favorably settled wrongful death personal injury cases for over a dozen wrongful death beneficiaries.
As I write this article, I am currently investigating over 30 wrongful death nursing home cases.
It may be fair to say, I know a thing or two about wrongful death settlements, including in the nursing home litigation setting.
Below, I provide summaries of real life nursing home wrongful settlements, including verdicts, average nursing home wrongful death settlement amounts, and some of the largest wrongful death settlements in nursing home cases.
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Nursing Home Wrongful Death Settlement Topics
9 – About the Author
Wrongful Death Lawsuit Settlements
When you’re litigation against medical professionals, you are often the underdog and this can negatively impact your settlement value.
Proving negligence that led to death, getting the needed evidence to strengthen your case, and facing challenges from medical professionals are all some of the roadblocks you may face as you attempt to settle your wrongful death lawsuit.
Whatever the eventual number may be, the purpose of a wrongful death settlement is an attempt to monetarily right the wrongs that were done to you.
Specifically, those settlements are intended for certain family members of the victim who died.
While this does not in any way lessen the loss suffered, it does help to hold responsible those who were responsible for the death of your loved one.
Some repeat, common issues are seen in wrongful death cases. You see what I mean as you read my wrongful death settlement research, below.
Nursing Home Wrongful Death Settlements
Wrongful death settlement from a fall in a nursing home
$82,500.00 (Florida): A wrongful death lawsuit settlement was agreed on between parties after an 81-year old woman suffered a stroke when she suffered damage to her head. The injury came from a fall from her bed when an employee who was sitting on her bed got up quickly causing a shift in weight that pushed the resident off the bed headfirst. The lack of care and supervision which led to the fall and death caused there to be an assessment that this should have been foreseeable and avoidable. The defendant denied liability initially but ultimately agreed to the settlement with the deceased family.
Nursing home wrongful death settlement from failed care planning
$125,000.00 (Pennsylvania): An 80-year old female who was under the care of a nursing home was admitted with the express understanding that she would need specific assistance with ambulation and most movements. Despite these specific instructions, the resident suffered nine separate falls in 6 months which resulted in the need for multiple surgeries for broken bones which led to her death. The wrongful death lawsuit settlement agreed on by the parties was compromised in value because the pre-admission assessment had no effect on the care and resulting injury event.
Nursing home wrongful death settlement from a fall
$73,000.00 (Illinois): This nursing home wrongful death came about after a resident suffered a cut above her eye that led to the need for surgery. The post-op care in the nursing home resulted in dehydration and falls that led to the individuals death. The family of the deceased contended that the nursing home did not do enough to provide hydration, rehabilitation care and measures to make sure there was protection against falls. Again, this particular settlement was compromised – meaning it’s value was lowered – due to defects in the relationship between the evidence and the ultimate death.
Largest Wrongful Death Settlements
Average nursing home wrongful death settlements may hover around $400,000.00-$600,000.00 in most cases, but in other cases, they can get significantly higher.
In 2018, one wrongful death settlement came close to $400 million dollars when individuals died in a medical facility.
Other settlements have reached $1,500,000 to $4,000,000 in cases of intense neglect that led to the death of an individual. This is because the worse the liability, the greater the result, typically.
The age of the person who dies, the specifics of what has caused their death, and how much negligence is involved all adds up to why some cases get bigger results.
Take for example a California nursing home settlement for wrongful death related to mishandled medication administration, leading to a recovery of nearly $4,000,000.00
Cases like this are not uncommon as seen in a New York case where a man choked to death when the nursing home staff failed to put his dentures in before he ate, which resulted in a nearly $2,000,000 settlement that the nursing home paid to make the case go away.
Average settlements for nursing home wrongful death cases are not always this high, but in some cases, the situation warrants it. Case by case analysis is needed to figure out the value of a particular case.
Nursing Home Wrongful Death Verdicts
Nursing home wrongful death payout due to negligent medication dispersal
$4,850,000.00 (Michigan): Some of the largest wrongful death settlements and verdicts come about because of malpractice on the part of medical professionals related to medication intake. In this case, a 57 year old male was receiving treatment when he was prescribed Vicodin, a Duragesic patch, as well as fentanyl and morphine without care. The overload of strong narcotic medications led to the patient’s death because multiple injections were given but not being recorded in the medical documents.
Wrongful death payout for nursing home’s delayed medical care
$1,064,502.00 (Pennsylvania): A nursing home failed to provide adequate medical care to an individual who was in distress and needed help after a fall. The short-staffed medical facility not only failed to get the individual help but went out of their way to conceal the fall which had resulted in a broken bone. Initially the nursing home attempted to deny liability but then switched and worked to resolve the claim. The nursing home’s wrongful death offer of $100,000 was rejected, and it was forced to payout $1,064,502 for causing the death in this case.
Nursing home wrongful death recovery after death of 65-Year old woman
$750,000.00 (Texas): This nursing home wrongful death recovery came about after a 65-year old female died while she was in the care of a nursing home for rehabilitation after a hip surgery. The facility did not have adequate staff and the limited staff that it did have, was not at all properly trained which led to the resident failing to get treatment and rehabilitation for her post-surgery needs. This lack of care led to sores, infection and ultimately death. The nursing home attempted to say that previous medical conditions including diabetes and smoking were the cause of the resident’s death. The decedent’s 5 adult children countered this with a wrongful death claim that went in their favor in court where the jury agreed that the death was the result of the care homes direct actions. I am a little surprised by the wrongful death payout in this claim, given that there were 5 beneficiaries. There is a damages cap in Texas, but that shouldn’t have limited the recovery to just 750k.
Average Nursing Home Wrongful Death Settlements
What affects average nursing home wrongful death settlements?
While this list can be long and dynamic, based on your own specific situation, a few things will usually have an impact across the board:
◊ The age of the individual who died
◊ What were the potential future earnings of the individual
◊ Bills and expenses related to the injury and death
◊ The manner and extent to which there was negligence leading to the death
Average wrongful death settlements do vary but they also tend to stay around the $600,000.00 to $800,000 mark for a majority of individuals.
Some cases are much lower than this, which happens more often when there is a settlement on a case where the variables and negligence are not as severe.
Nursing home wrongful death settlement and verdict values, therefore, can vary substantially based on the extent and manner of negligence involved.
Nursing Home Wrongful Death Settlement Q&A
How much is a nursing home wrongful death settlement?
I know the answer to how much a nursing home wrongful death settlement is because I researched it and listed out the results for you above, which you should read to figure out the value of your case, but the average is between $600,000 and $800,000.
How much is a wrongful death lawsuit worth?
In terms of how much is a wrongful death lawsuit worth, you learned above that wrongful death lawsuit claims have paid out $400,000,000 in a prior case, so you have proof these lawsuits are worth that much depending on the facts.
How are wrongful death settlements paid out?
Wrongful death settlements are paid out in two different ways, which will depend on if you get your result at trial or some time before that during pre-trial, and will vary from a structured settlement to a lump sum owed to you in 30 days, usually paid out with a check to your lawyer.
Can you sue a nursing home for wrongful death?
As to whether you can sue a nursing home for wrongful death, you know from my settlement research above that the answer is yes, you can sue a nursing home for wrongful death, I have done this dozens of times, and you can win millions if it’s a strong case.
Wrongful Death Lawsuit Settlements Advice
If you lost a loved one due to nursing home negligence, you are a likely beneficiary and may recover a settlement for a wrongful death claim.
To find out more about your rights, and to bring truth to what the nursing home did to you and your family, I invite you to call or email me for help.
Whenever you are ready, I am here for you.
Reza Davani, Esq.
State Bar No.: 1212110211
Federal Bar No.: 30168
Supporting Literature, Citations & Resources:
Peterson Jr, J. E. (2019, September). Survey of medical malpractice cases and settlements with pathology or laboratory standard of care issues. In Seminars in diagnostic pathology (Vol. 36, No. 5, pp. 366-371). WB Saunders.
Neale, G. (2004). Disputing Doctors: the Socio-Legal Dynamics of Complaints about Medical Care.
Prieto, M. A., Holbert, P. M., & Prieto, L. L. P. Nursing Home Injuries: Proving Negligent, Reckless, or Intentional Understaffing and Inadequate Training and Supervision.
Gruszecki, A. C., Edwards, J., Powers, R. E., & Davis, G. G. (2004). Investigation of elderly deaths in nursing homes by the medical examiner over a year. The American journal of forensic medicine and pathology, 25(3), 209-212.
About the Author
This nursing home and medical malpractice article was written by Baltimore, Maryland nursing home attorney Reza Davani, Esquire. Mr. Davani received his Juris Doctor degree from a Tier 1 law school, the University of Maryland Francs King Carey School of Law. He received his first license to practice law from the State of Maryland’s Court of Appeals (MD State License No. 1212110211), and just four months later received a federal law license from the United States District Court for the District of Maryland (Federal License No. 30168).
Mr. Davani has been practicing law for over 10 years. He began practicing law by helping clients as a sanctioned student lawyer before receiving his law license, and second chaired his first jury trial in federal court before even graduating law school. He is a registered member of the Maryland Association for Justice (MAJ), the American Bar Association (ABA), the American Association for Justice (AAJ), and was formerly on the MAJ’s Legislative Leader’s Circle.
Mr. Davani has taken over 20 cases to trial in state and federal court, and favorably settled well over 100 cases for injured victims. He has personally helped his clients recover over $15,000,000 in personal injury, medical malpractice, and nursing home abuse settlements and verdicts in Maryland and other states. He is dedicated to fighting for justice, and welcomes the opportunity to help you.
Nursing Home Wrongful Death Settlement Help From a Lawyer Near You in Maryland & Beyond
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