Nursing Home Wrongful Death Lawyer

Article Updated:  June 1, 2025

 

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Nursing Home Wrongful Death Lawyer

Nursing homes should be a safe and reliable place to live one’s golden years, but often, it becomes a place of neglect that results in the wrongful death of a loved one. Seeking legal advice is crucial when families believe that a loved one’s death was caused by abuse or neglect. Wrongful deaths in a nursing home can come from a variety of actions including:

◊   Falls

◊   Pressure Ulcers

◊   Dehydration

◊   Choking

Regardless of how your loved one became the victim of a wrongful death in a nursing home, you can potentially recover damages. This article will help you better understand:

◊   Causes of wrongful death in nursing homes

◊   How to prove wrongful death

◊   Learn who is liable for a wrongful death in a nursing home

◊   Potential damages you can recover as well as who can bring forth a lawsuit against a nursing home

Keep reading below to learn more about nursing home wrongful deaths and how we can help you.

Nursing Homes Wrongful Death Lawyer

When families suspect that a loved one’s death was the result of negligence or abuse, it is essential to seek legal guidance. A skilled nursing home wrongful death lawyer can investigate the circumstances, hold the facility accountable, and help families pursue justice. These legal professionals bring invaluable experience to cases involving complex medical records, regulatory violations, and the emotional toll of loss.

Hiring a nursing home wrongful death lawyer not only provides a path to compensation but also helps ensure that systemic issues are addressed, potentially protecting other residents from similar harm.

At Nursing Home Truth, we have helped our clients receive the settlements they deserve with the largest payouts in the history of the state of Maryland given to our clients.

Causes of Wrongful Death

Wrongful death in nursing homes is a deeply distressing issue that often stems from preventable causes. Families entrust these facilities with the care and safety of their loved ones, expecting professional and compassionate treatment. However, when that trust is violated, the consequences can be tragic.

One of the most common causes of wrongful death in nursing homes is neglect. This includes failure to provide basic necessities such as food, water, hygiene, and timely medical attention. Residents who are immobile or suffer from cognitive impairments are particularly vulnerable to bedsores, infections, and complications from untreated conditions when not properly monitored.

Another major contributing factor is medication errors. Whether due to understaffing, lack of training, or communication failures, incorrect dosages or the wrong medications can have fatal consequences. In some cases, overmedication or the use of chemical restraints may also lead to premature death, raising serious ethical and legal concerns.

Physical abuse and inadequate supervision can also play a role. Falls resulting from unsafe environments or insufficient assistance are a leading cause of injury-related deaths among elderly residents. In more severe cases, incidents of violence or mistreatment by staff or other residents can escalate to fatal outcomes.

How to Prove Wrongful Death in a Nursing Home

Proving wrongful death in a nursing home setting requires a thorough understanding of legal standards, medical evidence, and facility regulations. When a loved one dies under suspicious or negligent circumstances, families often face the difficult task of determining whether the death could have been prevented. In such cases, legal action may be warranted to seek justice and hold the responsible parties accountable. To establish a claim of wrongful death, several key elements must be demonstrated.

Duty of Care

First, it must be shown that the nursing home owed a duty of care to the resident. This is typically straightforward, as all long-term care facilities have a legal obligation to ensure the health, safety, and well-being of their residents.

Collecting Evidence

Second, there must be evidence that the facility breached this duty through negligence, neglect, or abuse. This can include failing to administer medications correctly, inadequate monitoring, poor hygiene practices, or insufficient staffing. Medical records, caregiver logs, witness testimonies, and expert reviews are critical in establishing this breach.

Breach of Duty

Third, the breach of duty must be directly linked to the resident’s death. This often requires medical expert testimony to confirm that the facility’s actions—or lack thereof—led to the fatal outcome.

A seasoned nursing home wrongful death lawyer can be instrumental in gathering and interpreting the necessary evidence. They understand the complex regulations governing nursing homes and have experience dealing with the tactics some facilities use to avoid liability. Proper help can help you navigate the legal steps involved in these cases. By building a compelling case, we provide you with the opportunity to achieve justice and closure.

Who is Liable?

Wrongful death in a nursing home is a both tragic and complex event that brings up many questions about accountability and legal responsibility. When a resident dies due to negligence, abuse, or substandard care, determining who is liable becomes a critical step in seeking justice for the deceased and their loved ones. Liability can rest with various parties depending on the circumstances surrounding the death.

Nursing Home Staff

Often, the nursing home facility itself is the primary entity held responsible. This can be due to systemic issues such as poor staffing practices, inadequate training, lack of proper medical protocols, or failure to adhere to regulatory standards. In these cases, the organization may be found liable for creating or allowing conditions that directly contributed to the resident’s death.

Individual staff members, including nurses, aides, or other caregivers, can also be held accountable if their actions or inactions led to the fatal outcome. For example, failing to administer medication properly, ignoring a resident’s health complaints, or engaging in abusive behavior may be grounds for personal liability.

Third-Party Contractors

In some instances, third-party contractors, such as physicians, pharmacists, or cleaning service providers, may share in the liability if their negligence played a role in the incident.

Establishing Liability

Establishing liability in a wrongful death case requires thorough investigation, careful documentation, and legal expertise. A nursing home wrongful death lawyer can be invaluable in this process. These legal professionals are skilled in identifying liable parties, gathering the necessary evidence, and navigating the complexities of elder care regulations. Their guidance ensures that the victim’s family has a clear path to justice and compensation.

Ultimately, holding the right parties accountable not only provides closure for grieving families but also helps to uphold safety and accountability standards within the long-term care industry.

Potential Damages

When a loved one dies due to negligence or abuse in a nursing home, families may be entitled to pursue a wrongful death claim. These claims not only seek justice for the deceased but also aim to compensate surviving family members for the tangible and intangible losses they have suffered. Understanding the types of damages that may be recoverable is crucial when considering legal action.

Economic Damages

Economic damages are one of the primary forms of compensation in wrongful death cases. These include measurable financial losses such as medical expenses incurred prior to death, funeral and burial costs, and the loss of financial support or benefits that the deceased would have provided. In some cases, families may also claim the value of services the deceased contributed to the household, such as caregiving or other domestic responsibilities.

Non-Economic Damages

Non-economic damages address the emotional and psychological impact of the loss. These may include compensation for pain and suffering experienced by the deceased before passing, as well as the emotional anguish, loss of companionship, and mental distress suffered by surviving family members. These damages are often more difficult to quantify but are equally important in acknowledging the full scope of the loss.

Punitive Damages

In cases involving particularly egregious misconduct—such as willful neglect or abuse—punitive damages may also be awarded. These are intended to punish the responsible parties and deter similar behavior in the future.

Securing these damages requires a thorough legal approach and a detailed presentation of evidence. A nursing home wrongful death lawyer can help guide families through this process, ensuring that their rights are protected and that they pursue the full compensation to which they are entitled. With experienced legal support, grieving families can hold negligent parties accountable and begin the path toward healing and closure.

Who Can Sue?

When a loved one dies due to negligence or abuse in a nursing home, the emotional toll on surviving family members is immense. In addition to grief, families often face the legal question of who has the right to file a wrongful death lawsuit. Understanding eligibility to sue is essential for seeking justice and accountability in these tragic cases.

Typically, the right to file a wrongful death lawsuit is granted to the personal representative of the deceased’s estate. This individual may be named in the deceased’s will or appointed by a court. While the lawsuit is filed on behalf of the estate, it is generally intended to benefit the surviving family members who have suffered as a result of the loss.

Who Can Bring A Suit?

Eligible family members often include the spouse, children, and sometimes parents of the deceased. In the absence of a spouse or children, extended family members—such as siblings or grandchildren—may also be able to bring a claim, depending on the laws of the state in which the nursing home is located. Each state has specific rules regarding who can sue and the types of damages that can be recovered.

◊   Spouses

◊   Children

◊   Grandchildren

◊   Parents

◊   Siblings

◊   Extended Family

◊   Legal Representative of the Deceased’s Estate

These laws can be complex, and determining who has legal standing often requires careful legal analysis. A qualified nursing home wrongful death lawyer can provide guidance in navigating these issues, ensuring that the appropriate party brings the claim and that all potential beneficiaries are considered.

Pursuing a wrongful death lawsuit can help hold negligent parties accountable and provide financial relief for those left behind. Understanding who can sue is the first step in the legal process—and with professional legal support, families can confidently seek justice on behalf of their loved one.

Stages of a Nursing Home Wrongful Death Lawsuit

A lawyer who specializes in nursing home wrongful deaths can help you at every important step in the lawsuit process. This includes the following stages:

◊   Hiring a qualified lawyer: Although it is not required, the first step you should take is hiring a qualified lawyer with wrongful death and nursing home experience. A free consultation is provided by many personal injury attorneys so that there is no commitment at this stage. We will not charge you anything out of pocket until you win your case. If you are concerned about the financial ramifications of a lawsuit, this can be immensely helpful.

◊   Pleadings. At this point, the case is filed in civil court, and the defendant (nursing home) responds to your allegations by filing a suit of their own and providing their version of events.

◊   Discovery: Following the pleading phase, the parties move on to the discovery phase, where they exchange information to support their respective positions.

◊   Settlement: Although some wrongful death lawsuits are resolved out of court, a trial may be necessary if the parties cannot agree on a fair sum. During the trial phase, a jury or judge hears arguments from both sides before rendering a decision.

Nursing Home Wrongful Death Verdicts

$9,000,000.00 (Maryland): This is a verdict I got for a deserving family hurt by nursing home negligence. The wrongful death of a patient at a Maryland nursing home due to a bedsore resulted in a record judgement in favor of the deceased’s family in 2023. After a 7-day trial the court determined that negligence led to the wrongful death. The family was awarded $8 million for suffering faced by the deceased and another $1 million for the family’s distress.

$240,000.00 (Pennsylvania): Left unattended, a 96-year-old nursing home resident choked on food which led to brain damage, cardiac arrest and subsequently death. The court judged that the nursing home was negligent in their care which led to the avoidable death of the resident.

$1,500,000.00 (Maryland): Reza Davani achieved this result for a Baltimore family who trusted their loved one in an Autumn Lake nursing home. The resident of a Baltimore nursing home was awarded their judgement in 2024 after the resident passed away after complications came from a pressure wound that was not attended to properly. The open wound led to an infection in the spine that caused the eventual death. This was ruled a wrongful death as it was the failure of the nursing home staff to regularly turn the resident that created the conditions that led to the infection.

Nursing Home Wrongful Death Lawyer Q&A

Do I have the right to sue for a wrongful death in a nursing home?

Yes, you may have the right to sue if you are the legal representative of the deceased’s estate or a qualifying surviving family member—such as a spouse, child, or parent. State laws vary, so it’s important to consult with an attorney to confirm your eligibility to file a wrongful death claim.

How can a wrongful death lawyer help me with my case?

A wrongful death lawyer can help you investigate the circumstances of the death, gather medical records and other evidence, identify responsible parties, calculate damages, and represent you through negotiations or court proceedings to seek fair compensation.

Can’t any lawyer help me? What is the benefit of a wrongful death lawyer?

While many lawyers may handle general personal injury cases, a wrongful death lawyer has specific experience in dealing with the legal and emotional complexities of these claims. They understand how to build a compelling case and navigate the unique challenges involved, increasing your chances of a successful outcome.

What are the benefits of working with an attorney who specializes in nursing homes?

An attorney who specializes in nursing home cases understands the specific regulations, standards of care, and patterns of neglect common in these facilities. Their focused expertise can uncover critical evidence and effectively challenge nursing home defenses that a general practitioner might miss.

What stages of a nursing home wrongful death can a lawyer help me with?

A nursing home wrongful death lawyer can assist with every stage of the case, including initial investigation, filing the claim, negotiating settlements, engaging expert witnesses, and litigating in court if necessary. Their guidance ensures your rights are protected throughout the process.

Need A Nursing Home Wrongful Death Lawyer? We Can Help

If you have lost a loved one due to the actions of a nursing home don’t wait to get justice for your loved one.

You will likely need to move fast to gather all required evidence and file your claim in a timely manner. Our team has expertise with nursing home cases and wrongful death suits. We have recovered millions for our clients and can help you by making sure you have the best advocate in your corner.

Warmly,

Reza Davani, Esq.
State Bar No.:     1212110211
Federal Bar No.: 30168

Cellphone: (301) 922-4598
Email: reza@nursinghometruth.com

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