Death From Dehydration or Malnutrition in Nursing Homes

Choosing a nursing home is a crucial decision, one typically made after substantial research. When an elderly loved one’s care needs exceed the family’s abilities, they choose the best possible nursing home within their budget and then trust that the facility will uphold its legal duty to provide skilled, high-quality care. If concerns arise about neglect or abuse, a Phoenix nursing home abuse lawyer can help families understand their rights and take action.

Unfortunately, Adult Protective Services (APS) in Arizona received 41,654 communications reporting new allegations of elder abuse, neglect, and exploitation, with 84% of cases meeting the state’s criteria for investigation.

Meeting a resident’s need for adequate nutrition and hydration is a basic aspect of nursing home care. Still, an alarming number of nursing home deaths are attributed to dehydration and malnutrition. 

A troubling Medicare analysis cited a study indicating that between 30% and 85% of nursing home residents suffer from dehydration and malnutrition.

Understanding a Nursing Home’s Duty of Care to Residents

Arizona nursing homes are subject to stringent regulations and oversight under Arizona HB2764 for long-term care institutions. The legislature states the following:

“The director shall adopt rules to establish minimum standards and requirements for constructing, modifying, and licensing health care institutions necessary to ensure the public health, safety, and welfare.”

Under these regulations, nursing home administrators have a legal duty of care to uphold each resident’s right to receive adequate nutrition, hydration, medical care, correctly administered medications, basic hygiene, and stimulating social activities with respect for individuality and human dignity.

Unfortunately, nursing homes sometimes cut corners and fail to uphold their duty of care. Among the most egregious failures in nursing homes is the failure to provide adequate hydration and nutrition. When dehydration and malnutrition in a nursing home cause a vulnerable elderly resident’s death, the family has a right to demand financial accountability and a sense of justice through a wrongful death claim.

Why Is Dehydration and Malnutrition a Problem In Nursing Homes?

Nursing homes in Arizona and elsewhere are chronically understaffed, particularly those whose residents primarily rely on Medicare and Medicaid funding. Nursing home caregivers face an unrealistically high ratio of residents to caregivers, low pay, heavy workloads, and high staff turnover rates, often resulting in overwhelmed and inexperienced staff.

Many nursing home residents are physically and/or cognitively unable to eat and drink without assistance. In these cases, the nursing home has a legal obligation to assign a caregiver to assist the resident at meal times and throughout the day to ensure they intake adequate hydration and nutrition. Sadly, this is one of the most common nursing home failures.

In addition to inadequate staffing that may allow a resident’s meal to go untouched, the alarming Medicare advocacy investigation revealed the following troubling facts:

• Over 25% of nursing homes provide only $10 per day for each resident’s meals
• Food complaints in nursing homes increased by more than 50% between 2020 and 2023
• An alarming report of one nursing home revealed an instance where each resident was given only a single ravioli for dinner
• Filthy cooking conditions, rancid meat, moldy fruit, and rancid vegetables were commonly cited in inspection reports

Failure to provide nutritious, palatable meals and make appropriate accommodations to meet each resident’s needs, such as providing soft foods for residents who struggle to chew and swallow, and assisting with food and drink intake for residents who are unable to feed themselves, is an egregious form of nursing home neglect that can cause death from dehydration and malnutrition.

Signs of Dehydration, Malnutrition, and Neglect In Nursing Home Residents

An estimated 42% of nursing home residents have Alzheimer’s disease and related dementias (ADRD). Many residents suffer from aphasia or other conditions that leave them unable to communicate effectively. A nursing home resident may be unable or unwilling to alert their visiting family members when they are experiencing neglect. For these reasons, it’s crucial for visiting family members to watch for signs of malnutrition, dehydration, and general nursing home neglect or abuse. Warning signs often include the following:

• Dry, cracked skin and lips
• Dramatic weight loss
• Dry, dull hair
• Swollen tongue
• Dark urine
• Sunken eyes
• Exposed teeth or a drawn appearance around the mouth
• Frequent infections, including urinary tract infections and bedsores
• Cognitive changes such as confusion, irritability, and disorientation
• Dizziness and fatigue

Uneaten meals and untouched drinks left in the room or in common areas are red flags that a nursing home is not ensuring that its residents are ingesting the meals and drinks they are given. In addition, other signs of nursing home neglect and abuse may be present in facilities that fail to uphold the required standard of care.

Examples include poor hygiene, unexplained bruises and other injuries, torn or bloodied clothing and bedding, and broken personal items, such as glasses, dentures, and hearing aids. Dirty rooms, unkempt personal appearance, and sudden personality changes or withdrawal from loved ones are also serious warning signs of nursing home neglect and abuse.

How Do Dehydration and Malnutrition Cause Death In Nursing Homes?

Becoming dangerously dehydrated and suffering from chronic malnutrition triggers a cascade of adverse health effects that can lead to death. These effects often cause increased susceptibility to infections. For instance, a resident with dry, cracked skin is more likely to experience bed sores, which lead to infection and deadly sepsis.

Dehydration also causes urinary tract, bladder, and kidney infections. A nursing home resident who suffers from dehydration and malnutrition has a weakened immune system, which may be unable to fight off bacterial and viral infections, leading to fatality. Chronic malnutrition and dehydration lead to organ shutdown and death.

When nursing home dehydration or malnutrition directly causes a resident’s preventable death, Arizona law considers it a legally wrongful death.

Proving Liability In Nursing Home Wrongful Death Due to Dehydration or Malnutrition

If chronic dehydration or malnutrition caused fatal adverse health consequences to a loved one, their closest surviving family member may file a wrongful death claim. A Phoenix nursing home wrongful death attorney can help families navigate the complex legal process and hold the responsible parties accountable.

Depending on the circumstances, individual caregivers, staff members, or the nursing home’s administration or owner may be held liable for wrongful death damages like funeral and burial costs, and compensation for the family’s grief and anguish. Proving liability requires evidence demonstrating the following:

• The facility owed a duty of care to the resident
• They breached their duty of care through negligence
• The negligent breach of duty caused the resident’s death
• The family suffered damages from the death

In Arizona, a spouse, parent, adult child, or the representative of a decedent’s estate may bring a wrongful death lawsuit against an at-fault party, including in nursing home dehydration and malnutrition fatality cases.

How Can an Arizona Nursing Home Neglect Attorney Help?

It takes clear and concise evidence to prove a nursing home’s liability for a resident’s death. Call the experienced Phoenix nursing home dehydration lawyer at Knapp & Roberts for representation in your nursing home neglect case. Your attorney will make a compelling claim for the compensation, accountability, and sense of justice your family deserves.