These claims allege that inadequate care caused or hastened a resident's death, commonly through pressure injuries progressing to sepsis, aspiration, falls, medication errors, or untreated infection.
Causation is complicated by the residents' advanced age and multiple comorbidities.
Alternative Names:
Nursing Home Death Claim, LTC Wrongful Death
Why it Matters?
Causation is the principal defense because residents in long-term care are typically elderly with multiple serious conditions and limited life expectancy. Establishing that death resulted from the underlying disease process rather than a care failure requires the medical record and frequently an autopsy or death certificate review. Damages are also constrained by short remaining life expectancy, which shifts the case toward pre-death pain and suffering under survival statutes.
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Frequently asked questions
Why is causation contested in these cases?
How do damages differ from other death claims?
