Nursing Home Wrongful Death

When a loved one is placed in a nursing home, we trust that they will receive the care and attention they need to live out their final years with dignity and respect. Unfortunately, some nursing homes fail to meet this obligation, which can result in injury, adverse reactions, compromised hearth issues, or in the worst cases, preventable death. Under North Carolina law, nursing homes have a duty of care to their residents. This duty includes monitoring patients to ensure that they are safe, comfortable, and receiving the medical attention they need. Failure to monitor a patient under the care of a healthcare provider is considered negligence, and if a patient dies as a result, the patient’s family is often able to pursue a wrongful death civil suit.

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To establish a wrongful death claim in North Carolina, the plaintiff must prove that the nursing home breached its duty of care and that this breach directly caused the patient’s death. This can be a challenging burden of proof, as nursing homes may try to shift blame or downplay their responsibility for the patient’s death. However, there are certain signs that one can look for that may indicate failed supervision, including: unanswered or avoided questions, phone left ringing or generally poor response time, high staff turnover, complaints about a particular staff member, unexplained injuries or accidents, understaffing, long period of time without seeing a nursing home staff member. Furthermore, Plaintiffs have additional resources through state and federal regulators that share in the responsibility for quality assurance in nursing homes. If a plaintiff can prove that the nursing home did not comply with these regulations, it can be a major step towards achieving a favorable wrongful death verdict.

If successful, a wrongful death civil suit can result in a range of damages, including compensation for medical expenses, funeral costs, lost wages, and pain and suffering. Additionally, the nursing home may be required to implement changes to their policies and procedures to prevent similar tragedies from occurring in the future. No amount of compensation can ever bring a loved one back, but a successful wrongful death civil suit can help hold negligent nursing homes accountable for their actions and prevent similar tragedies from occurring in the future.