Nursing Home Wrongful Death

In a perfect world, no one would ever have to live in a nursing home. In a perfect world, we would all have the resources to take care of our loved ones at home. Unfortunately, this just isn’t possible in most cases. Consequently, we should entrust the care of our loved ones to nursing homes, nursing homes that promise us they will take proper care of our loved ones but often fall short of that.

Many nursing home residents are ill, frail, or incapable of taking care of themselves. It is the responsibility of nursing home workers to provide the care and attention that is required to keep residents healthy and safe. Unfortunately, many facilities simply either do not have enough staff nor adequately trained staff to care for their residents. Residents are abused or neglected by staff members and sometimes other patients, even to the point where (otherwise preventable) fatalities may result.

If you believe that your loved one was the victim of nursing home abuse that leads to the loss of their life, please contact our Kansas City, Missouri offices for a free consultation about taking legal action against those responsible for your loss.

Examples of Nursing Home Wrongful Death

It is reasonable to expect a nursing home to properly care for your loved one. All nursing homes are required to provide nutrients, medical attention, and supervision to every resident. Tragically, abuse and neglect are still widely prevalent in nursing homes across the country. A nursing home wrongful death occurs when the abuse or neglect of a resident directly results in the resident’s death.

You have the right to pursue compensation for you lost a loved one due to:

  • Physical Abuse: In one recent study by the National Center on Elder Abuse, between 7.6% and 10% of study participants experienced abuse in the prior year. Under no circumstances should a caseworker strike, push, kick, bite, pull, or slap an elderly resident. Physical abuse is a serious problem in nursing homes and it can result in fatal injuries. Caseworkers who abuse residents can face criminal charges and facilities that allow abuse to take place can be held accountable for their negligence.
  • Bedsores, Decubitus Ulcers: Bedsores or pressure sores can develop in nursing homes when the patient is not properly repositioned or is not repositioned often enough to avoid stress on the skin. Good nutrition and frequent skin inspections are also critical. Specialized beds and wheelchairs that redistribute pressure and the use of various cushions and air mattresses are effective in preventing bedsores. Nursing home staff must be on high alert and aggressively treat bedsores before they become a serious threat to the patient’s well-being.
  • Falls, Subdural Hematomas, Brain Injury Fractures: Nursing homes have a duty to protect the elderly from falling and sustaining fractures or head injuries. According to the Centers for Disease Control and Prevention, about 1,800 nursing home residents die each year from falls. (We think this number is much higher.) Many times, nursing homes do not obtain medical help promptly, and a head injury or fracture may go untreated during critical hours wherein the patient’s life may have otherwise been saved.
  • Choking: Nursing home residents are often at a higher risk of choking. Semi-solid foods are the cause of many deaths due to asphyxiation in nursing homes. To prevent this, residents must be carefully monitored while eating. Other choking hazards in nursing homes sometimes involve bed railings, in which nursing home residents slip down and their heads get caught in the bed railing. With proper monitoring, there is no excuse for injuries caused by bed railing, but they nevertheless occur in institutions that are poorly staffed.
  • Malnutrition and Dehydration: Nursing homes have a duty to monitor patients to make sure that they are eating and drinking adequate amounts to maintain their health. Workers must be trained to monitor patients during meal and snack times. They must be alert to how much water or food a patient is taking in, and call it to the attention of the patient’s doctor and family when the patient is not getting enough food or water. Malnutrition and dehydration can lead to wrongful death if left untreated.
  • Neglect: Many facilities simply do not have enough staff to properly care for their residents. This is particularly dangerous for residents who require help with basic daily activities. Neglected residents may not receive the medical attention they require, or they may suffer from malnourishment and dehydration.
  • Unhygienic Conditions: Infections can spread quickly in a nursing home, which can be dangerous for the elderly. Allowing residents to live in unclean, unhygienic conditions can also be considered a form of abuse. Infections can be deadly if treatment is delayed or ignored.
  • Untreated UTIs: If left untreated, urinary tract infections (UTIs) can lead to life-threatening kidney infections. Lack of medical care can prove fatal, in such cases.
  • Untreated Diabetes: Both Type I and Type II diabetes require extensive, ongoing treatment. When nursing home residents are not granted access to this vital treatment, they may suffer hypoglycemia or hyperglycemia (very low or very high blood sugar levels). This can ultimately be fatal for the individual.
  • Sepsis: Sepsis occurs when the body attempts to fight off an infection by releasing chemicals into the bloodstream which then, in turn, cause widespread inflammation. Sepsis is very serious and can lead to septic shock. Immediate treatment is required.
  • Rape: Sadly, sexual abuse occurs in nursing homes throughout the United States, perpetuated by both case workers and fellow residents. In extreme cases, this can have fatal consequences.
  • Elopement: Nursing homes have a responsibility to ensure that their residents remain in their care. When residents elope and leave a facility, the nursing home may be liable for allowing the individual to leave. If the individual suffers injury or death as a result of leaving the facility, the nursing home may be held legally accountable.
  • Mediation Errors: Most nursing home residents have an ongoing medication schedule. Incorrect dosages, failure to provide medication, overdosing, and incorrect medication can all lead to serious and fatal consequences.

Holding Nursing Homes Accountable for Wrongful Deaths

If you believe that your loved one died because of nursing home abuse or negligence, it is important that you take action as soon as possible. Learn about your legal rights and options. It may be possible to file a wrongful death claim against the parties responsible for your loss. Your actions could result in financial compensation and prevent future incidents of victimization.

For more information about your legal options, please contact Cullan & Cullan for a free case consultation with one of our Kansas City wrongful death lawyers.

Record SettingVerdicts

View All Results
  • $19 Million

    Truck Accident

    Negligent truck driver made a right-hand turn into plaintiff’s vehicle, causing fractured vertebra and partial paralysis. Defendant alleged plaintiff was trying to pass him on the shoulder. The insurance company offered zero before trial.

  • $17 Million

    Birth Injury

    Negligence by nurses and hospital staff in failing to assess the position of the baby, improper use of Pitocin, and failing to obtain an assessment by physician, resulting in severe oxygen deprivation and brain injury to the baby.

  • $13.2 Million

    Birth Injury

    A newborn suffered brain damage due to improper administration of Pitocin, failure to monitor preeclampsia and failure to perform timely c-section.



  • "Simply the BEST!"

    - C. Williams

  • "People helping People"

    - James J.

  • "Do not go any further!"

    - Lanielle J.

  • "We are able to get the treatment our son needs!"

    - Eric H.

  • "I would give 100 stars on a 5-star scale if I could!"

    - Mark P.

  • "They had my best interest at heart!"

    - Deborah B.

  • "I can't thank them enough!"

    - Brandon J.

  • "They genuinely care about their clients!"

    - M.L.

  • "They helped my family through a very difficult time in our lives!"

    - S.J.

  • "I trust them with every decision!"

    - E.C.

Families We've Helped

  • "We knew these would be lifelong issues for our son. You have to advocate for your kids because no one else will do it. Cullan & Cullan knew what was going on and we knew they would be successful in helping us."
  • "If your child is damaged or you think your child is damaged, you should seek a lawyer. Having a doctor-lawyer on my side really gave me hope."
  • "My child had permanent paralysis in her left arm and no one gave us a straight answer on how bad it actually was. We needed lawyers who understood the medical side of this case and hiring the Cullan brothers gave us the attention we needed."
  • "Joe and Pat came to meet me helped me fight my case. I was who they cared about and I felt so important with the Cullan brothers."
  • ""For anybody who's been in an accident and suffered a catastrophic injury, Dr. Sam is the best person you could possibly call to help. Not only is he someone who is knowledgeable and very friendly, he's also a humble person - someone who will hold your hand and guide you through the process as he did with me.""
More Testimonials

The doctor lawyer Difference

  • A Doctor-Lawyer Oversees Every Case
  • We Limit the Number of Cases We Take On
  • Over $350 Million Recovered for Our Clients
  • You Get Direct Access To Our Lawyers
  • You Don’t Pay Unless We Win

start with your
free consultation

Fill out the form below to see how we can help.
  • Please enter your name.
  • Please enter your email address.
    This isn't a valid email address.
  • This isn't a valid phone number.
  • Please make a selection.
  • Please enter a message.