Nursing Home Wrongful Death

A nursing home wrongful death can be the basis for a wrongful death claim under state law. Not only may an individual employee be responsible for the wrongful death of a nursing home resident, but the individual's supervisor, the attending physician, and/or the nursing home as a entity may be liable for the resident's wrongful death. For example, if a medication error causes a fatal drug interaction in a resident, the nursing home aide who was responsible for giving the resident the wrong medication probably will be named as a defendant in any wrongful death suit that ensues. However, the nursing home also may be named as a defendant in a wrongful death suit, because of its failure to adequately supervise the employee who committed the error, failure to adequately train the employee, failure to keep enough staff employed on each shift so that mistakes are avoided, failure to have a system to double-check medications before they are given to resident, and/or any number of other legal theories.

Fast Facts

  • Each year, more than 50,000 people die due to a traumatic brain injury.
  • From 1997 - 2006, crane accidents resulted in the deaths of 818 construction workers.

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