Who Can Be Held Liable After a Nursing Home Wrongful Death?

Making the choice to enter a nursing home or to move an elderly loved one into a nursing home is one of life’s most difficult decisions. When an aging family member requires 24-hour care and a level of skilled care that exceeds the family’s ability to provide, a nursing home is the best option. Unfortunately, despite the thought, care, and research that go into choosing the right nursing home, sometimes a loved one does not receive the level of care the nursing home promised and is required by law. In the worst cases, nursing home neglect or abuse results in the loved one’s wrongful death.

While no amount of money can replace a loved one, a successful claim can deliver justice, accountability, and financial relief. If you’ve lost a family member in a nursing home, a Phoenix nursing home abuse lawyer can help you understand your legal options and pursue compensation.

What Are the Most Common Causes of Wrongful Death In Nursing Homes?

Nursing homes face chronic staffing issues. Many nursing homes and other elderly care facilities are understaffed and experience high staff turnover rates. This results in caregivers who are overwhelmed and often inexperienced. Many nursing home employees report low morale in the workplace.

Alarmingly, 81% of nursing home caregivers report witnessing emotional abuse in their facilities, and 24.3% of families with loved ones in nursing homes reported at least one instance of physical abuse. 

The most common causes of a nursing home resident’s wrongful death include the following:

Neglect

Neglect occurs when caregivers fail to provide adequate water and nutrition, do not promptly identify and care for a resident’s bedsores and other infections, fail to maintain adequate hygiene, or provide insufficient supervision.

Physical abuse

Physical abuse of a resident can be hitting, pushing, pinching, kicking, or any form of physical assault. Physical abuse also includes the use of physical or chemical restraints.

Emotional Abuse

Examples of emotional abuse in nursing homes include yelling, berating, name-calling, threatening, intimidating, or otherwise using words to inflict emotional injury on a resident. Emotional abuse can cause a resident to withdraw, leading to a physical decline and shortened life expectancy.

Sexual Abuse

Sexual abuse is the unlawful touching or penetration of a resident by a staff member or another resident. Sexual abuse can cause wrongful death if it results in serious injuries, infection, sexually transmitted disease, or severe emotional trauma and withdrawal.

Who Is Liable In a Nursing Home Wrongful Death Lawsuit?

Determining liability for nursing home wrongful death cases requires an investigation into the cause of death to identify the party that violated their duty of care toward the resident. Common parties found liable in nursing home wrongful death cases include the following:

• A nursing home caregiver, if their neglect or abuse caused the death
• The nursing home administration may be liable due to negligent hiring, or negligent staff training and monitoring practices
• The parent company or corporation that owns the nursing home
• The manufacturer of a defective product, such as faulty mobility equipment

In some cases, the wrongful death case may become a medical malpractice wrongful death claim if the doctor or other medical professional who cared for the resident made an error or misdiagnosis that resulted in their death.

It typically takes an experienced Arizona nursing home attorney to investigate all aspects of the death and pursue a claim against one or more liable parties.

Proving Liability for Nursing Home Wrongful Death Cases

Nursing homes in Arizona have a legal duty of care to their residents that requires them to provide skilled daily care, adequate nutrition and hygiene, access to medical care, correct and timely administration of prescribed medications, and engaging social activities with respect for each resident’s individuality and human dignity. Unfortunately, when a nursing home neglects one or more aspects of required daily care, the result can be tragedy.

Proving the at-fault party’s liability requires well-documented evidence showing the following:

• The at-fault party owed a duty of care to the resident
• They breached their duty of care through negligence or wrongdoing
• The breach of duty caused harm and death to the resident
• The resident’s family and/or estate suffered financial losses from the death, as well as emotional anguish

A successful claim requires compelling evidence from medical reports, eyewitness testimony, medical expert testimony, and a careful calculation of the family’s damages.

Who Can File a Wrongful Death Lawsuit In Arizona?

Like other states, Arizona places limits on those who can file a wrongful death lawsuit, including in nursing home wrongful death cases. This prevents distant family members who don’t suffer financially from the death from exploiting the death for financial gain. Instead, in Arizona, only a spouse, parent, or adult child can file a wrongful death claim or lawsuit. Under Arizona 12-612 the following parties can file:

• The surviving spouse
• A parent or legal guardian
• An adult child of the deceased
• The personal representative (executor) of the deceased’s estate

If no eligible family member is available or willing, the estate’s representative may pursue the claim on behalf of the deceased’s estate. Any compensation awarded will then be distributed according to the will or Arizona’s inheritance laws.

What Compensation Can Be Recovered From A Nursing Home Wrongful Death Claim?

A death has financial repercussions for the surviving family members, as well as causing emotional grief and anguish. Family members in nursing home wrongful death cases often suffer from feelings of guilt for not recognizing or anticipating the danger or trauma their loved one faced while in the nursing home’s care. A successful claim doesn’t erase the trauma and grief, but it provides a sense of justice through financial accountability.

Common damages recovered in nursing home wrongful death cases include the following:

• Reimbursement for medical expenses if the loved one received medical care before their death
• Lost earnings if a family member took time away from work to manage the loved one’s funeral and burial plans, as well as for grieving the loss
• Funeral and burial costs
• Compensation for the elderly person’s emotional fear, pain, and suffering before death
• Compensation for the family members’ grief and anguish

Depending on the circumstances, additional compensation may be available for a spouse’s loss of companionship or the loss of a parent’s love and guidance.

A nursing home wrongful death claim brings more than financial compensation; it also gives a lost loved one back their voice for justice and holds those responsible financially and ethically accountable.

Why You Need a Phoenix Nursing Home Abuse Lawyer

Nursing home wrongful death cases are complex and emotionally draining. Proving negligence requires an in-depth understanding of both Arizona wrongful death laws and nursing home regulations. An experienced Phoenix nursing home wrongful death lawyer can:

• Investigate the facility and gather critical evidence
• Work with medical experts to prove the cause of death
• Negotiate with insurance companies or facility attorneys
• File a wrongful death lawsuit and represent you in court if needed

Families who pursue justice not only secure compensation, they also help protect other vulnerable residents from suffering the same fate.