Wrongful Death in Nursing Homes: Nursing Home Wrongful Death Lawyer, California / Wrongful Death in Nursing Homes 

When neglect causes a resident's death, a nursing home wrongful death lawyer brings two claims: the family's own loss, and the resident's suffering before death under the Elder Abuse Act.

California allows two separate claims after a death from neglect. The wrongful death claim belongs to the surviving family and compensates them for their own loss (Code of Civil Procedure section 377.60). The survival claim belongs to the estate and recovers what the resident could have recovered while alive, including, in an elder abuse case, pain and suffering (Welfare and Institutions Code section 15657(b)). Deaths from untreated infection, dehydration, falls, and pressure ulcers are among the most common, and the records that prove neglect are usually the same for both claims.

What We Investigate

• The cause of death and the records leading up to it

• The facility's care in the final weeks

• Whether the family was told the truth about what happened

• The facility's survey history

What Families Can Do

• Request the complete chart as soon as possible

• Keep the death certificate and hospital records

• Write down what staff told you and when

• Call before evidence is lost