There are many ways that an individual in a nursing home can be exposed to risks of death. Accidents in nursing homes are often very easily preventable. Unfortunately, nursing care facilities that are chronically understaffed run the risk of making a mistake that can cost the life of your loved one. These are some of the risks of wrongful death in nursing homes, and how you can be on the lookout for them.
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Infections Acquired in Nursing Homes
There are many infections that can be acquired in nursing homes. Some of these can be deadly if not caught properly or promptly. The most dangerous of all these infections is pneumonia. Caused by many diseases, pneumonia is most often associated with the flu. If properly vaccinated ahead of time, the risks of acquiring pneumonia caused by flu decline sharply. If untreated, however, the risks of death from flu are very real for the oldest age group. Annually, 70-85% of the individuals killed by flu are age 65 and older. Out of a total of 21,401 influenza-related deaths in the United States in 2022, 15,399 were in this age group. Â
Risks from Elopement / Wandering Away from Nursing Homes
It is not uncommon for patients to try to leave nursing homes. Unfortunately, many of those who wander away or “elope” are at risk of dying. Many patients in nursing homes are not equipped to survive outside the nursing home. This has lead to many unfortunate incidents where inadequate supervision of patients has led to elopement and death. The most common cause of death for patients who have eloped or been locked outside the facility is exposure. Heat and cold can both be deadly for the more frail members of these age groups.
Deaths from Falls in Nursing Homes
Many patients in nursing homes are subject to falls each year. On average, each patient in a nursing home will fall more than twice every year. Falls are the leading cause of injury related death for patients 65 and older, with 10,000 or more deaths annually from falls. In 2021, 38,742 older adults died from unintentional falls in the U.S. In a nursing home, proper and close supervision of patients can help prevent falls. This includes properly installed bed rails, but not restraints. Some nursing homes continue to place their patients in restraints, even though that has been shown to lead to more injury for patients than falling would cause.
Medication Errors and Wrongful Death
Medication errors are one of the leading causes of death in nursing homes. With the many varied and complicated drugs that patients can be on, fatal drug interactions can commonly come about through misuse of otherwise beneficial drugs. For example, certain blood thinners such as Warfarin and Plavix can be deadly to patients who are susceptible to bleeding. Mistakes regarding diabetes can also be fatal.
Sepsis and Wrongful Death in Nursing Homes
Sepsis can be one of the deadliest risks to nursing home patients. Also known as blood poisoning, sepsis develops from infections by any one of many kinds of bacteria. These bacteria multiply in the body and spread throughout the body. Advanced sepsis can lead to rashes, delirium, shaking, hyperventilation, fever, and chills. In addition to death from blood poisoning, these symptoms can lead to increased risk for other forms of injuries and death, including falls and death by exposure due to elopement.
What is Considered Wrongful Death in a Nursing Home?
Wrongful death in a nursing home occurs when a resident’s death is a direct result of actions or omissions by the nursing home, its staff, or other parties involved in the resident’s care, that fall below the standard of care. This can happen by medical neglect, abuse from staff, failure to supervise a resident leading to a fall, and much more.
How do I Know if my Loved one’s Death was Caused by Nursing Home Abuse or Neglect?
To know if your loved one’s death was caused by Nursing Home abuse or neglect you must thoroughly examine your loved one’s medical records for any signs of neglect or abuse, such as untreated injuries, delayed treatments, or unexplained changes in condition. Make sure to ask questions about your loved one’s care, medications, and any changes in their condition. In addition, take pictures of any injuries or any signs you may find to be unusual and keep a detailed record of them.
What are the Signs of Nursing Home Neglect?
Signs of nursing home neglect can include unexplained injuries, poor hygiene, bedsores, malnutrition, dehydration, and a decline in overall health, as well as changes in behavior or personality. Watch for sudden changes in mood, such as increased anxiety, depression, or social isolation. Ongoing confusion or disorientation may also be a crucial sign of neglect.
Can I File a Wrongful Death Lawsuit if my Loved one Died in a Nursing Home due to Abuse or Neglect?
You can file a wrongful death lawsuit if the nursing home was negligent or intentionally caused harm, and that this negligence directly led to your loved one’s death. Generally, the family of the deceased may file a wrongful death suit in order to seek compensation for damages like funeral expenses, pain and suffering, and medical bills.
What Damages can be Claimed in a Nursing Home Wrongful Death Lawsuit?
There are several types of damages that can be claimed when filing a wrongful death suit. Economic damages can be claimed for things like medical expenses, funeral and burial costs, and in some cases loss of income. You may also claim non-economic damages for aspects such as pain and suffering, mental anguish, and loss of consortium, meaning the loss of companionship from your loved one. In cases of extreme negligence or intentional misconduct, punitive damages can be awarded to punish the nursing home and deter similar behavior in the future. 
How Long do I Have to File a Wrongful Death Lawsuit Against a Nursing Home in Rhode Island?
In Rhode Island, you generally have three years from the date you discover or should have reasonably discovered the injury or neglect to file a lawsuit against a nursing home. Although the statute of limitations for a wrongful death lawsuit is 3 years, there are some exceptions, such as if the nursing home concealed the injury, or if the victim suffered from physical or mental incapacity. 
What Should I do if I Suspect Abuse or Neglect in a Nursing Home?
If you suspect abuse or neglect in a nursing home you can report the issue to the appropriate authorities, such as Adult Protective Services, and consult an attorney for legal advice. For suspected nursing home abuse or neglect in Rhode Island, there are several agencies you can contact to report an issue.Â
Can Nursing Homes be Held Accountable for Wrongful Death Even if the Staff was not Directly Involved in the Death?Â
Nursing homes have a legal duty to protect residents and ensure their well-being. A nursing home can be found liable for wrongful death if it failed to provide the necessary care that led to a resident’s death, even if the direct cause wasn’t staff abuse or neglect. This can include failing to monitor a resident’s health, neglecting their basic needs, or failing to address someone’s medical issues promptly. Â
What Types of Evidence are Needed to Prove Wrongful Death in a Nursing Home?Â
To prove wrongful death in a nursing home case, you need evidence demonstrating the nursing home’s negligence or wrongdoing led to the resident’s death. You can do this by collecting the resident’s medical records, documenting any and all potential abuse or neglect with photos or videos, or even witness statements from other residents in the home.Â
How do I Find a Lawyer to Handle a Nursing Home Wrongful Death Case?Â
To find a lawyer to handle a nursing home wrongful death case you start by researching local firms specializing in personal injury and nursing home abuse cases, and consider factors like experience, success rate, and client reviews. Â
Contact the Law Offices of d’Oliveira & Associates
We know who some of the more experienced nursing home lawyers are in this area for your type of nursing home case and we are ready to help you. The services we offer our clients who have been the victims of nursing home abuse or nursing home negligence are no exception. Please contact the law offices of d’Oliveira & Associates at 1-800-992-6878 or fill out a contact form for a free legal consultation.