For many individuals, there comes a time when taking care of an elderly loved one can no longer be done by family and friends. In that case the decision must be made to garner assistance from a nursing home or assisted living facility (ALF). However, with reports of malpractice, negligence and abuse looming in daily newspaper headlines and news programs - the state of nursing homes and protecting a loved one from such abuses can be intimidating. Families and friends must be prepared to deal with such unfortunate circumstances and know their rights when suspected abuse occurs.

The results of malpractice, negligence and abuse can be severe, and in extreme cases can involve the wrongful death of an elderly or disabled individual. A wrongful death can be defined as a death that is caused and attributed to the fault of another individual or collection of individuals. Most often in nursing homes, wrongful deaths can be attributed to an overcrowding of patients along with a high turnover of employees. Employees that are overwhelmed, under equipped, and who lack training can be responsible for the mistreatment of patients. This mistreatment can take the form of malnourishment, unsanitary conditions or overall lack of attention paid to the needs of elderly residents. According to a report on the state of nursing homes conducted by the U.S. Government Accountability Office in 2002, and released in 2006 , approximately 24 of the 51 nursing home involved in the study reported that employees quit before their 36-month contract was completed.

Although there can be various causes or circumstances contributing to a wrongful death case involving malpractice, negligence or abuse, it is advisable that family members who are suspicious of a loved one’s death, whether accidental or not, should contact an experienced nursing home attorney to receive legal counsel.

How Wrongful Deaths Occur in Nursing Homes and Slip Through Legal Cracks

When a family or friend of an individual receiving care in a nursing home or ALF feels that a wrongful death has occurred, it is suggested that they contact a nursing homes law firm or experienced nursing homes lawyer that specializes in wrongful death cases. However, wrongful death cases often slip through the legal cracks in society because of budgeting and a lack of funds in District Attorneys’ offices. This is why the U.S. Wrongful Death and Injury Institute suggests that individuals contact a lawyer prior to an investigation being denied or if they feel the investigation is incomplete. This is the best way to ensure that a wrongful death lawsuit has the best outcome for victims. 

Preventing Wrongful Death Caused By Nursing Home Abuse

It is undeniable that wrongful deaths occur even with the most caring individual’s attempts to protect a loved one receiving long-term care in an ALF or nursing home. However, steps can be taken to decrease the potential for such a death. For example, according to the Senior Law Center, a national advocacy group for the elderly, prior to placing a friend or loved one in a nursing home, research the complaints and investigations at a nursing home facility and determine the extremity of these cases as well as the actions taken by the facility to properly improve the situation.

Another step that can be taken to prevent the wrongful death of a loved one is to tour any prospective nursing home or ALF with a guide, as well as without a guide. The best way to determine if a home is sufficient in providing the best care is to walk through the halls, cafeteria and interior perimeter of the nursing home to observe the conditions present there. However, according to state regulation, it is required to call ahead and receive permission from the facility director before wandering the halls of a nursing home facility alone.

What to Do If a Nursing Home Wrongful Death Occurs

First and foremost, if a wrongful death case occurs, contact a knowledgeable nursing homes law firm with previous experience in wrongful death nursing home lawsuits. Secondly, The Wrongful Death and Injury Institute suggests retrieving an autopsy report. If an autopsy was neglected or overlooked, individuals are entitled to an autopsy report by providing payment on their own. These funds are usually retrieved by a lawyer and compensation is returned for these actions in a wrongful death lawsuit. It is also important to determine the appropriate beneficiary of a wrongful death so that individual can file a lawsuit on behalf of the deceased.

While it may seem that little can be done to ease the worries and concerns of those placing a family member in a nursing home, it is important to remember that most nursing homes and ALFs offer excellent care for their residents. However, when the time comes to find a nursing home for a loved one, it is better to be prepared for the possibility of negligent or insufficient care. This will help family and friends plan for a worse case scenario and allow for the correct steps to be taken to provide sufficient care for an elderly loved one.