The U.S. National Library of Medicine reports that 25 percent of deaths in the U.S. occur in nursing homes and assisted living facilities. As most of these deaths occur due to negligence, they can effectively be avoided if people are provided with appropriate care.

In order to reduce these occurrences, each state has developed its own nursing home wrongful death law. These laws give families the right to claim damages resulting from the negligence of the nursing home. The compensation may include the cost of funeral, the cost of emotional loss, and the family’s share of the deceased’s lost future income.

Common Causes of Death

Fall

Fall is one of the major causes of death among seniors. The National Institute of Health (NIH) reveals that over 1,800 deaths in nursing homes result from the fall injuries. Besides dangerous conditions like wet floors or debris, poor health may also increase the patients’ risks for serious injuries including fractures and trauma leading to death. Keeping that in view, many states now necessitate nursing homes to conduct regular fall risk assessments to identify patients at greater risk of fall and injuries.

Infection

Assisted living facilities and nursing homes need to be vigilant of the signs of infection among patients. Patients with weak immune systems are highly vulnerable to infections and other related health conditions. The problem may be attributable to poor hygienic conditions. Common conditions known to be fatal include influenza, Vancomycin-Resistant Staphylococcus Aureus (VRSA), sepsis, Human Immune Deficiency (HIV), and Methicillin-resistant Staphylococcus Aureus (MRSA). Failure to take appropriate measures to diagnose and control the condition may hold the nursing home liable for wrongful death.

Physical Abuse

Physical abuse is common in nursing homes and assisted living facilities. Some common forms of physical abuse include kicking, pinching, striking, and violently shaking the patient. Although physical abuse may not be the direct cause of death, it may have deteriorated the person’s health leading to death.

Physical abuse is a punishable offense in every state. If physical assault is the underlying cause of the death, the family of the deceased may file a claim against the nursing home or care provider for wrongful death.

Legal Remedies

The family of the deceased may file a wrongful death claim in two ways: the wrongful death and the survivor’s benefit.

In the wrongful death claim, the family can claim for the specific negligent behavior of the nursing home, the loss of the loved one, and the emotional loss of the family. The survivor’s action lawsuit, on the other hand, allows the executor to sue the nursing home on behalf of the decedent for the negligence of the care provider, the loss of future income, the loss of future companionship. As the decedent is not present to receive the compensation, the executor asks the court to order the facility to pay for the damages.

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