When someone dies unexpectedly, there are often many unanswered questions. If your loved one died under suspicious or neglectful circumstances in a nursing home, you may have even more questions and want to know what you can do. Can you sue? Will the facility be held responsible for negligence? Can you still sue even if they say the death was “natural” or “could not be avoided?”

In simple terms, West Virginia law says “yes” to the first two questions but “no” to the last one. You can file a wrongful death claim when a nursing home’s neglect or abuse hastened or contributed to a resident’s death. This is one of the few legal actions you can take to hold a facility accountable and get some sense of justice on behalf of your loved one, who can no longer speak for themselves.

Wrongful Death Lawsuits: Holding a Nursing Home Accountable for Resident Deaths

A wrongful death claim is a civil lawsuit that is brought when a person dies because of someone else’s negligence, abuse, or failure to provide necessary care. In a nursing home setting, many wrongful death claims occur when a resident was not provided the legally required level of care and their physical condition declines, leading to serious health complications or death.

Let’s be clear: If the home violated state laws and basic care requirements, resulting in a preventable death, they should be held accountable under the law.

Who Can Be Held Liable for Nursing Home Deaths?

Nursing home owners and/or operators will typically attempt to blame a resident’s death on “natural causes,” such as old age or some sort of underlying condition. But, in many cases, any medical condition that may have existed becomes fatal only because the facility failed to provide proper care.

Consider the following scenarios:

Situation 1: Resident died from “complications from an infection.”

What the Nursing Home Says: “The condition of their health was poor.”

What May Actually Be True: The infection was caused by untreated bedsores.

Situation 2: Resident died after a fall.

What the Nursing Home Says: “Falls are common among the elderly.”

What May Actually Be True: Staff failed to follow fall-prevention protocols.

Situation 3: Resident died of dehydration.

What the Nursing Home Says: “They weren’t eating/drinking.”

What May Actually Be True: Staff failed to monitor or assist the resident.

Situation 4: Resident died of pneumonia.

What the Nursing Home Says: “They had breathing issues.”

What May Actually Be True: The nursing home ignored early symptoms and delayed treatment.

The law is clear: Nursing homes cannot blame a resident’s death on age, weakness, frailty, or underlying medical conditions when those conditions are only made worse by the facility’s neglect.

Who Is Allowed To File a Wrongful Death Claim?

In West Virginia, wrongful death claims are usually filed by the personal representative of the estate. This is often a close family member, but it does not necessarily have to be. Compensation awarded in a successful case is paid to surviving family members in accordance with state law.

These family members can include spouses, children, parents, siblings, and other dependents or heirs.

Types of Compensation Available

The damages awarded in a wrongful death case are designed to compensate the family members for both the harm caused to the decedent (person who died) and the harm caused to the surviving family members. Damages in a nursing home wrongful death claim can include final medical expenses, pain and suffering of the resident prior to death, and funeral and burial expenses, among others.

Signs That the Nursing Home May Be Responsible

If you believe your loved one was neglected or abused during their final days, you may be right. Below are some of the more common warning signs to take note of:

• Quick decline or deterioration of the resident
• Quick and/or sudden weight loss of the resident
• Constant infections
• Unexplained bruises, fractures, or cuts
• Nursing home staff has no comment or becomes overly defensive  
• Staff offers conflicting statements about what occurred
• Nursing home fails to provide medical records, patient care logs, or video 

Of course, it is highly unlikely that a nursing home will admit fault. In fact, some (if not all) facilities automatically go into “damage control” mode when they suspect a resident’s death will be questioned.

If Something Doesn’t Seem Right, Ask Questions

You do not have to have all the answers before filing a claim, but you do have to have a reason to suspect that something was wrong with the level of care. That said, one reason to hire a skilled wrongful death attorney is to investigate staff logs, medical records, video footage, and internal documents that you would not have access to otherwise.

Most Nursing Home Deaths Are Not Reported to Authorities

Surprisingly, many cases of nursing home neglect and abuse are not reported to authorities. Families often feel guilty or assume that someone their age, with a disability or expected health problems, is not worth the trouble. Facilities also count on that assumption, believing the family will grieve in private and move on.

Why Filing a Claim Can Help Others

A wrongful death lawsuit is not just a way to get some measure of justice — it can also prompt real change. These lawsuits shine a light on understaffing issues, training problems, facility-wide neglect, and other issues that would otherwise continue unchecked.

Change does not happen on its own. Facilities only make changes when they are held accountable and forced to do so.

You Have Two Years To File a Claim

It is important to note that West Virginia’s statute of limitations (i.e., the time you have to file) for wrongful death lawsuits is two years, so it is best not to delay in filing your claim. The earlier the investigation is done, the better, since nursing homes may alter or “lose” internal records over time.

The Voice of Your Loved One Still Matters — Our Team Can Ensure It Is Heard

When a loved one dies from neglect in a nursing home, they are no longer able to speak up for themselves. However, the law provides a voice for surviving family members, who can ensure the facility is held accountable for its actions. A wrongful death claim is about dignity, fairness, and the truth.

If you suspect that neglect or abuse played a role in your loved one’s death, it is okay to ask questions and seek answers. Holding the nursing home accountable does not bring the resident back, but it can secure answers, peace of mind, and systemic changes to protect others in the future. Contact our office today.