What Happens If Someone Dies in a Nursing Home?

woman laying in hospital bed with a person visiting her

Sean Olson is much more than just a personal injury lawyer. Sean is an advocate who helps those who are injured navigate our complex legal system. And he is a voice for those who are injured and cannot speak for themselves.

Losing a loved one in a nursing home is heartbreaking, and the grief can be even more difficult if you suspect neglect, abuse, or medical malpractice from the facility you trusted. While some deaths in a long-term care facility occur from natural causes, others may be the result of preventable mistakes or dangerous conditions.

In these situations, families may have the right to pursue a nursing home wrongful death claim to hold the facility accountable and seek justice for their loss. Navigating these legal and investigative steps can be overwhelming, which is why having experienced guidance from Olson Personal Injury Lawyers is so important. Our team combines compassionate support with proven results to help you through every stage of the process.

Key Takeaways

  • Not all nursing home deaths are natural. Neglect, abuse, or unsafe conditions can lead to wrongful death claims.
  • Wrongful death claims can hold facilities accountable and recover compensation for your family.
  • Olson Personal Injury Lawyers has the experience, resources, and track record to hold negligent facilities accountable and secure justice for families.

What Are Common Causes of Death in Nursing Homes and When May They Be Wrongful?

Deaths in nursing homes can occur naturally due to age-related illnesses or chronic medical conditions. However, some fatalities are preventable and may be linked to neglect, abuse, or substandard care. Understanding the difference is essential for families seeking answers.

Natural causes may include:

  • Heart disease or stroke
  • Advanced dementia or Alzheimer’s disease
  • Cancer or other terminal illnesses

In contrast, potentially wrongful deaths can stem from failures in care, such as:

  • Nursing home falls that result in fatal head injuries or fractures
  • Untreated or infected bedsores
  • Medication errors or overdoses
  • Preventable infections, such as sepsis or pneumonia
  • Malnutrition and dehydration due to inadequate monitoring
  • Failure to respond promptly to medical emergencies

When a death is caused by these avoidable conditions, it may form the basis of a nursing home wrongful death lawsuit. At Olson Personal Injury Lawyers, we have the skill and resources to investigate these cases and fight for the justice your loved one deserves.

How Can a Nursing Home Be Held Accountable for a Resident’s Death?

When a resident dies from preventable causes, the law provides several avenues for holding a nursing home responsible. These can include:

  • Negligence: Failing to provide the appropriate standard of care
  • Medical malpractice: When doctors, nurses, or other medical staff deliver care below the accepted standard, leading to harm
  • Breach of contract: Violating the terms of a resident’s care agreement or failing to meet promised standards

State and federal laws regulate nursing home operations, from staffing ratios to safety protocols. When a facility violates these regulations, those violations can be powerful evidence in a wrongful death claim.

Initiating a nursing home wrongful death lawsuit begins with a thorough investigation, gathering medical records, interviewing witnesses, and consulting experts. At Olson Personal Injury Lawyers, our Denver nursing home abuse lawyers will guide you through every step, from filing the claim to negotiating a fair settlement or pursuing a trial.

While no amount of money can replace your loved one, a nursing home abuse settlement can help cover medical bills, funeral expenses, and provide a measure of accountability.

What Proof Do You Need for a Nursing Home Wrongful Death Case?

Building a strong nursing home wrongful death lawsuit starts with gathering the right evidence. The more comprehensive and well-documented your proof, the better the chances of holding the facility accountable.

Key evidence can include:

  • Medical records from hospitals, primary care physicians, and the nursing home
  • Nursing home charts documenting care, medication administration, and staff notes
  • Incident reports filed by the facility about the event or conditions leading to death
  • Autopsy reports or medical examiner findings that confirm the cause of death
  • Witness statements from staff members, residents, family members, and outside medical experts
  • Photographs and videos showing injuries, unsafe conditions, or poor facility hygiene
  • Physical evidence, such as soiled bedding, faulty equipment, or personal items that can help convey the situation

At Olson Personal Injury Lawyers, we have the investigative resources to obtain and analyze vital records, interview witnesses, and work with experts to establish a clear link between negligence and your loved one’s death.

Suspect Nursing Home Abuse?

The abuse or neglect of nursing home residents is a heartbreaking violation of trust. If your loved one has suffered harm, it’s vital to act quickly to protect them and hold the facility accountable. Our experienced attorneys are here to help you seek justice.

How Does a Nursing Home’s Insurance Impact a Wrongful Death Claim?

Most nursing homes have liability insurance to cover injuries or deaths caused by neglect, abuse, or malpractice. In wrongful death cases, this is often the main source of compensation for surviving family members, but insurers work for the facility, not your family. They may use tactics to minimize your claim, such as disputing the cause of death, offering a quick, low settlement, or delaying the claims process in hopes you’ll accept less out of frustration.

At Olson Personal Injury Lawyers, we know these strategies and how to counter them. Our team negotiates directly with insurers, using detailed evidence, expert testimony, and a clear presentation of damages to push for a settlement that reflects the true value of your situation.

What Steps Should You Take Right After a Loved One Dies in a Nursing Home?

The days following a loved one’s death in a nursing home can be overwhelming, but the actions you take now can make a significant difference in uncovering the truth and protecting your family’s rights.

  • Document everything: Write down dates, times, names of staff members, and details of conversations you’ve had with facility personnel.
  • Preserve physical evidence: Keep any clothing, bedding, or personal items that may show signs of injury, poor hygiene, or unsafe conditions.
  • Gather records: Request copies of medical charts, incident reports, and care logs before they can be altered or lost.
  • Take photos or videos: Capture images of your loved one’s room, visible injuries, and any unsafe conditions.

If you suspect nursing home abuse and neglect, contact Olson Personal Injury Lawyers as soon as possible. Our team offers a free consultation to explain your legal options, begin investigating the death, and help ensure critical evidence is preserved before it disappears.

Nursing Home Wrongful Death Case Results

At Olson Personal Injury Lawyers, we achieve exceptional results by thinking outside the box and approaching each case with compassion and aggressive advocacy. These case results represent just a few examples of how we’ve held facilities accountable for preventable deaths.

Contact Our Experienced Nursing Home Wrongful Death Attorneys Today

Losing a loved one in a nursing home is one of the most difficult experiences a family can face. At Olson Personal Injury Lawyers, we approach every case with compassion, personal attention, and a relentless drive to hold negligent facilities accountable. Our attorneys have a proven track record of success in nursing home wrongful death claims, helping families uncover the truth, secure justice, and obtain the compensation they deserve. We’re here because we’ve got your back.

If you believe negligence, abuse, or unsafe conditions contributed to your loved one’s death, don’t wait to reach out. Call Olson Personal Injury Lawyers today at (303) 381-2234 or contact us online for a free, no-obligation consultation.

Rock icon

Get a Free Consultation

We’re here to help

Name(Required)
Consent(Required)
This field is for validation purposes and should be left unchanged.