Wrongful Death at Nursing Homes

With elderly residents living in nursing homes, and with many people living with serious illnesses in these homes, it is inevitable that some people pass away in care settings. However, in some cases deaths are preventable and are caused by abuse, violence, or neglect. In these cases, it can be challenging for grieving families to get answers, and the devastation that comes with knowing a death was preventable can add to grief and pain.

Families trust nursing homes to provide round-the-clock care, supervision, and medical support for vulnerable residents. It’s why families place loved ones in care. When a facility cuts corners or violates its basic duties, they can be held liable if a resident is harmed or killed as a result.

At The Law Office of Mark A. Siesel, we have represented grieving families throughout New York for almost 40 years. What distinguishes our firm is the personal connection we form with the people we help. We return all calls and emails within 24 business hours, and more often than not, the same day. We genuinely care about our clients and work hard to offer real answers during difficult situations.

If you believe a nursing home’s negligence caused your loved one’s death, schedule a free consultation to discuss your potential options.

When a Nursing Home Death Becomes a Wrongful Death Case

Not every death inside a nursing home is the result of negligence. Many residents in care have complex medical needs or chronic conditions. However, a wrongful death claim may be appropriate when the facility failed to provide proper care or ignored clear signs of risk. Common situations that lead to wrongful death claims include:

1. Falls and unsupervised transfers: Falls remain one of the leading causes of serious injury and death among nursing home residents. When staff fail to supervise high-risk residents, do not respond to call bells, or ignore mobility limitations, tragedies occur.

2. Untreated or advanced bedsores: Stage 3 and Stage 4 pressure ulcers are almost always preventable. When they progress to the point of infection, sepsis, organ failure, and fatalities, it often signals severe neglect.

3. Medication errors: Incorrect dosages, missed doses, delayed dispensing, overmedication, or contraindicated drugs can lead to fatal complications.

4. Malnutrition and dehydration: When residents are not monitored properly, they may fail to eat or drink enough to survive.

5. Infections that go untreated: Urinary tract infections, respiratory infections, and wound infections can quickly become life-threatening if staff fail to respond.

6. Wandering and elopement: If a cognitively impaired resident leaves their room or the facility unsupervised, the consequences can be fatal.

7. Physical abuse or neglect by staff or other residents: Facilities have a responsibility to screen employees, monitor resident interactions, and intervene at the earliest sign of danger. Unfortunately, there have been many cases of violence against

What Makes These Cases So Complex?

When a loved one dies under suspicious or unexplained circumstances, families deserve the truth. In many cases, it is unfortunately difficult to discover the truth, unless you work with an experienced wrongful death attorney. Medical records are often lengthy and technical. Facilities sometimes try to shift blame by pointing to a resident’s age or existing medical issues.

At The Law Office of Mark A. Siesel, we have almost 40 years of experience handling personal injury cases involving life-changing injuries, including traumatic brain injuries, fatal falls, premises liability incidents, and more. That broad background helps us recognize patterns of negligence, anticipate defense arguments, and analyze insurance issues that many families never realize are relevant.

Our approach includes:

• Evaluating medical charts and care plans: We examine whether the nursing home followed required protocols, updated fall-risk status, administered medications properly, and monitored vital signs and nutrition.
• Reviewing facility records: Staffing logs, incident reports, prior violations, call-bell response data, and internal communications often reveal care patterns that contributed to the death.
• Securing witness statements: Other residents, family members, certified nursing assistants, nurses, visitors, and outside providers may offer important information.
• Working with medical experts: Specialists in geriatrics, wound care, emergency medicine, and nursing home administration help us evaluate breaches in the standard of care.
• Preserving evidence quickly: Video footage, shift schedules, and electronic logs can disappear fast. Early legal involvement helps ensure critical documentation is not lost.

What Families Should Do After a Suspicious Nursing Home Death

You don’t need to have everything figured out to call our office. Many families reach out while still processing their loss, and that is completely normal. The steps below can help strengthen your claim:

1. Request the full medical chart and incident report: Nursing homes must provide records with proper authorization. If a facility delays or denies your request, contact our law firm for a free consultation. We can secure the information nursing homes are reluctant to share with families.
2. Take notes about conversations with staff: Different explanations or evasive answers can be telling.
3. Save photographs or messages: Document injuries, poor conditions, or anything that seems unusual.
4. Reach out to a wrongful death attorney early: Timing matters. The sooner you reach out, the better. We can move quickly to secure evidence and build a strong case.

Compensation in Nursing Home Wrongful Death Cases

One of the hardest parts of these conversations is discussing valuation. In many nursing home abuse and neglect cases, a major goal of compensation is to help families pay for better care for their loved one and to move them to a safer facility. In a wrongful death claim, this is tragically not an option.

Families need to be aware, however, that they may still face overwhelming costs after the death of a loved one in a nursing home. A civil claim can pay for these costs, including pain and suffering, final medical bills, funeral and burial costs, and more. By pursuing a claim, you can pay for therapy and counseling for family members, cover medical costs, and give your loved one a dignified burial and memorial.

A wrongful death claim can also help your family heal by holding the responsible parties accountable and giving you a sense of justice. In many cases, a legal claim pushes a facility to make important safety changes that protect other residents. Filing a claim won’t bring your loved one back, but it can give you the peace of mind that comes with knowing that you have held the responsible parties accountable and may have encouraged changes that protect other families from experiencing the same grief.

Facilities, their insurers, and sometimes multiple parties may share responsibility. We seek compensation from all liable parties, so you can pursue fair recovery.  

Why Choose The Law Office of Mark A. Siesel?

When a loved one dies in a nursing home, families need compassion as well as a lawyer who will stand by them. Mark A. Siesel has built his reputation not only on nearly four decades of legal work but also on the meaningful relationships he forms with clients. Here’s what sets our firm apart:

• Almost four decades of experience handling complex personal injury cases
• Prompt communication, always within 24 business hours
• Hands-on attorney involvement, not a revolving cast of case managers
• Practical, realistic guidance, with no exaggerated valuations
• A team that listens and treats you with respect
• Knowledge of nursing home regulations, long-term care standards, and liability issues

We know this is one of the hardest experiences a family can endure. If you are going through this challenging time right now, contact us for a free consultation. The Law Office of Mark A. Siesel is here for you.