Key Takeaways:
- Nursing home wrongful death occurs when a resident dies due to neglect or abuse, often from preventable causes like infections, medication errors, or falls.
- Families can spot signs of neglect through physical injuries, emotional changes, or unsafe living conditions, and may be entitled to take legal action if care standards were breached.
- Lambrou Law helps families investigate wrongful death cases by gathering evidence, proving negligence, and holding facilities accountable, offering compassionate legal support every step of the way.
When families entrust a nursing home with the care of a loved one, they expect compassion, safety, and a high standard of medical and personal care. Tragically, those expectations can be shattered in an instant when their worst fear is realized: their beloved father, mother, grandfather, or other loving family member passes unexpectedly. When they discover later that it was due to mistreatment rather than natural causes, they deserve justice.
Wrongful death in nursing homes occurs when a resident dies due to neglect, abuse, or substandard care. These deaths are preventable and unacceptable. At Lambrou Law, we understand the profound pain families endure after losing someone in such circumstances. Justice is not just about compensation. It’s about holding negligent facilities accountable and preventing further harm. We have been successful in litigating these cases in New York, New Jersey, Pennsylvania, and Florida.
How Does Nursing Home Neglect Lead to Wrongful Death Cases?
Neglect in nursing homes is defined as the failure to provide necessary care and services, resulting in harm or death. Unlike abuse, which is often intentional, neglect is frequently silent. It may result from understaffing, lack of training, or indifference, but the outcome is equally tragic.
Common causes of wrongful death from neglect include:
- Untreated infections and bedsores: Can become life-threatening from sepsis or multiple organ failure;
- Medication errors: Overdosing, missed doses, or giving the wrong medication can be fatal;
- Malnutrition and dehydration: When staff fail to monitor residents’ intake, vital needs may be missed;
- Falls: Lack of supervision, broken equipment, or unsafe environments can cause deadly falls;
- Failure to respond to emergencies: Delayed medical intervention can make treatable conditions fatal.
These signs of neglect often go unnoticed during brief visits, especially when residents are nonverbal, immobile, or cognitively impaired.
Spotting the Signs of Nursing Home Neglect and Abuse
Approximately 10% of people over the age of 65 experience some form of neglect or abuse. Recognizing the warning signs of neglect and abuse can save a life. Of course, you shouldn’t blame yourself if you don’t see these signs. Elder abuse is only the fault of the abuser, not the victim or their families.
Physical Indicators
Approximately 29% of abuse in nursing homes is physical harm. When the actions or inactions of a staff member lead to the harm of your loved one, that can be grounds for a lawsuit. If you’re around your elderly family members frequently, watch for these signs, including:
- Unexplained bruises, cuts, burns, or sores;
- Bedsores or pressure ulcers;
- Frequent falls or injuries;
- Malnutrition or sudden weight loss;
- Dehydration (e.g., dry mouth, sunken eyes);
- Poor hygiene or soiled clothing;
- Untreated infections or worsening health.
Emotional and Behavioral Indicators
According to the World Health Organization, one-third of staff have reported psychological abuse of older people in an institutional setting. Emotional and behavioral changes in a nursing home resident can be subtle but telling signs of neglect. When a resident feels unsafe, isolated, or mistreated, they may express it through their mood or interactions. Signs of emotional or behavioral abuse to look for include:
- Mood swings, anxiety, or depression;
- Withdrawal from social or family interaction;
- Fear or discomfort around specific staff;
- Unresponsiveness or confusion.
Environmental Indicators
If you’ve ever stepped into a nursing home and smelled something unsavory, you have experienced firsthand an environmental indicator of potential abuse. The environment can be a sign that the staff are not caring for their clients properly.
If you see any of the following environmental factors, document them and look for signs of emotional and physical abuse as well.
- Unsanitary or foul-smelling conditions;
- Broken equipment (call buttons, handrails);
- Cluttered hallways or unsafe walking areas;
- Evidence of restraints;
- Inadequate or spoiled food;
- Soiled bedding and furniture.
Legal Framework and Accountability
Nursing homes are legally required to provide residents with a reasonable level of care. This includes (but is not limited to) timely medical attention, assistance with daily needs, and a safe environment. Additionally, in New York, all skilled nursing facilities are governed by the rules of the Public Health Law, which requires that residents of these facilities be allowed to live in their “highest practicable level of functioning,” which means that they must be provided with all necessary and appropriate care to help them reach their maximum functional potential. If they don’t do this and your loved one passes away, you may be able to seek a wrongful death claim. While it doesn’t take away the pain of losing your beloved family member, it can cover medical expenses, funeral and burial costs, and other financial stressors during this already challenging time. To pursue a wrongful death claim, four elements must be established:
- Duty of care: The facility had a responsibility to care for the resident;
- Breach of duty: That responsibility was not fulfilled;
- Causation: The breach directly led to the resident’s death;
- Damages: The family suffered losses, such as emotional and financial hardship.
Evidence Used in Nursing Home Wrongful Death Cases
Proving wrongful death due to nursing home neglect requires more than just suspicions. It demands clear, documented evidence. If you visit a family member in a nursing home and they appear visibly ill, call an ambulance to take them to a hospital. If the worst happens and a family member passes away, call the police to ensure they document the scene and collect evidence. Additionally, you can hire a lawyer like Lambrou Law. They can take on the burden of investigating the case, uncovering the truth, and gathering the evidence needed to hold the facility accountable.
Types of evidence your lawyer or sometimes law enforcement can help you collect include:
- Medical records and expert opinions;
- Photos or videos of injuries or hazardous conditions;
- Facility inspection reports and previous violations;
- Eyewitness accounts from staff or visitors;
- Staff schedules and care logs.
If You Think Your Loved One Suffered Neglect, You Deserve Justice
Wrongful death caused by nursing home neglect is tragic and preventable. Families who experience this life-altering heartbreak have every right to seek justice.
If you believe your loved one died due to negligent care in a nursing home, contact Lambrou Law’s wrongful death attorneys today. Our experienced legal team in New York, New Jersey, Pennsylvania, and Florida will investigate your case, protect your rights, and help ensure no other family suffers the same fate. We’ve recovered as much as $3 million per case in wrongful death lawsuits.
You don’t have to fight this legal battle by yourself. Schedule a free consultation with Lambrou Law to let us help you pursue accountability and healing.
