Wrongful Death in Nursing Homes
When neglect or abuse in a nursing home causes a resident’s death, the family may have a wrongful death claim. This is an important case category for elder abuse and nursing home neglect.
When Death Is Caused by Neglect
Deaths from severe bed sores, sepsis, malnutrition, dehydration, falls, or untreated infections can support a wrongful death claim if the facility’s failure to provide adequate care was a substantial factor in causing the death. Evidence includes medical records, death certificate, and facility records.
Who Can Sue
In California, the decedent’s personal representative (executor or administrator of the estate) typically brings the claim. Surviving spouses, children, and other dependents may be entitled to damages. A wrongful death lawyer or bed sore attorney can advise on standing and procedure.
Damages
Wrongful death damages can include medical and funeral expenses, the value of support and companionship the family lost, and in some cases punitive damages if the conduct was egregious. The Elder Abuse Act may allow for attorney fees and enhanced recovery. There is no set average; recovery depends on the facts. See how much you can sue for and nursing home neglect lawyer for a case review.