Wrongful death in a nursing home is almost always the result of preventable neglect, medical failures, or systemic understaffing. Facilities owe residents a heightened duty of protection, supervision, emergency response, and timely medical care. When a resident dies from falls, infections, sepsis, malnutrition, dehydration, choking, medication errors, abuse, or delayed transfer to the hospital, families may pursue a wrongful death claim alongside a survival action under California law.

These claims allow recovery for funeral costs, economic losses, loss of companionship, and—in cases involving reckless elder neglect—pain and suffering before death and attorney’s fees under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). Wrongful death litigation not only reveals the truth about what happened but also forces facilities and corporate owners to answer for violating safety standards and placing vulnerable residents in harm’s way.

California courts strongly support liability when a resident’s death results from reckless neglect or intentional misconduct. In Delaney v. Baker, the California Supreme Court held that ignoring a dependent elder’s care needs can constitute reckless neglect, entitling families to enhanced EADACPA remedies. Mack v. Soung established that delaying medical treatment or concealing a resident’s deterioration may rise to elder abuse when done with conscious disregard.

Sababin v. Superior Court confirmed that failing to follow care plans, ignoring wound care, or neglecting essential supervision can support elder-abuse findings when these omissions contribute to death. In Covenant Care v. Superior Court, the court recognized that systemic violations of resident rights may justify punitive damages, especially when corporate owners engage in chronic understaffing or unsafe practices. Together, these cases affirm that when a nursing home death is caused by preventable neglect, families have powerful legal tools to obtain full accountability and justice.