Wrongful Deaths at Nursing Homes
Nobody wants to think about the possibility of preventable deaths in nursing homes, but they occur more often than some people might expect due to nursing home abuse and neglect, and nursing home negligence. Virginia law defines a wrongful death as one that is “caused by the wrongful act, neglect, or default” of a party. When a person sustains preventable injuries or develops a preventable condition in a nursing home that results in death, it may be possible for the surviving family members to hold the nursing home accountable through a wrongful death lawsuit. Our experienced wrongful death attorneys can provide you with more information, and we are available to answer any questions you have.
Common Causes of Wrongful Deaths in Nursing Homes
Under Virginia law, only the personal representative of a deceased’s estate — meaning the executor of the estate — can actually file a wrongful death lawsuit, but that party typically files the wrongful death lawsuit in order to seek benefits on behalf of surviving family members such as a surviving spouse, child, or grandchild. When a personal representative files a wrongful death lawsuit for a preventable fatality in a nursing home, the following are some of the common causes cited:
- Physical abuse, which involves intentionally inflicting physical injury or physical harm on an older adult;
- Willful deprivation, which involves intentionally denying an older adult the medical care or treatment they require;
- Passive neglect, which is not intentional but involves negligently failing to provide proper care to a nursing home resident; and
- General negligence at the nursing home, which can involve a range of acts or omissions such as failure to properly supervise residents, failure to properly administer medications, failure to repair a slipping and falling hazard, or failing to repair broken guardrails or slip guards on beds or in bathrooms.
Physical abuse, willful deprivation, and passive neglect are all forms of nursing home abuse, according to the National Council on Aging (NCOA), and they can be deadly under certain circumstances. Common types of fatal injuries that can result from the above forms of abuse and negligence include but are not limited to:
- Bone fractures, especially hip fractures;
- Traumatic brain injuries (TBIs);
- Bed sores and other serious infections; and
- Malnutrition and dehydration.
Depending on the nature of the abuse or the injury, some types of nonfatal injuries can ultimately be causal factors in residents’ deaths due to heart events, for example.
Who is Liable for a Wrongful Death in a Nursing Home?
One or more parties may be liable for a nursing home death, and it will depend on the facts of the case. In nearly all wrongful death claims, it may be possible to name the nursing home as a liable party in the lawsuit. Specific employees or health care providers may also be liable.
Keep in mind that a claim must typically be filed within two years from the death under Virginia’s wrongful death statute of limitations.
Contact a Wrongful Death Lawyer Today
Nursing homes are supposed to be places where our elderly loved one can receive the care they need to live comfortably. Yet much too often, acts of intentional abuse, or problems like understaffing at skilled nursing facilities, lead to serious injuries among elderly residents that can be fatal. It is essential to hold facilities accountable when they do not provide an appropriate standard of care and older adults sustain life-threatening injuries. One of the experienced wrongful death lawyers at Latham & Martin can speak with you today about wrongful death cases involving nursing homes, and we can help you with a claim when you are ready to file. Contact us to learn more about the services we provide to Richmond residents and their families.
Sources:
law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-50/
law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/
ncoa.org/article/get-the-facts-on-elder-abuse/
