Nursing Home Wrongful Death Attorney
When a Death in Long-Term Care Raises Questions About Neglect
A death in a nursing home does not automatically mean the facility did something wrong. Residents may have serious illnesses, advanced age, and complex medical conditions that can lead to death even when appropriate care is provided. But when a sudden decline, untreated condition, injury, or unexplained change raises questions about the care your loved one received, the medical and facility records may tell a different story.
At McHugh Fuller Law Group, we have spent more than 20 years representing families in serious nursing home abuse, neglect, and wrongful death cases. Our attorneys investigate what happened before a resident died, whether known risks were addressed, and whether failures in care contributed to the outcome.
If you believe a nursing home’s negligence caused your loved one’s death, call us now at (601) 255-0240. A real person will answer.
What Can Support a Nursing Home Wrongful Death Claim?
Wrongful death law varies by state, but a claim generally requires more than showing that a resident died while living in a nursing home. There must be legally actionable conduct and a sufficient connection between that conduct and the death.
Depending on the facts, a case may involve nursing home neglect, abuse, medical negligence, medication failures, unsafe conditions, or another wrongful act.
Potential issues that may contribute to a fatal outcome include:
- Falls involving failures in supervision, transfer assistance, or an established fall-prevention plan
- Pressure injuries that worsen, become infected, or contribute to sepsis
- Untreated infections or delayed escalation of care
- Malnutrition or dehydration associated with inadequate monitoring or assistance
- Medication errors, missed doses, or failures to monitor high-risk medications
- Aspiration, choking, or feeding problems that were not appropriately addressed
- Delayed recognition of significant changes in a resident’s condition
- Physical abuse or other intentional misconduct
Not every fall, infection, pressure injury, or medication error is evidence of negligence. The question is what the resident needed, what the facility knew, what care was provided, and whether a failure legally caused or contributed to the death.
Our nursing home abuse and neglect practice focuses on investigating those underlying care failures.
because they deserve to be heard
We fight for the rights of those who cannot fight for themselves. Let us help you.
Wrongful Death and Survival Claims Serve Different Purposes
A death caused by negligent or wrongful conduct can create more than one type of civil claim, but the terminology and available recovery differ by state.
A wrongful death claim generally addresses losses caused by the death to legally recognized beneficiaries. Depending on the jurisdiction, those losses may include loss of companionship, support, services, or other damages defined by statute.
A survival claim serves a different purpose. Survival statutes preserve certain claims the resident had before death so that those claims do not automatically disappear when the resident dies. Depending on state law, an estate or other authorized party may pursue some pre-death medical expenses, financial losses, or conscious pain and suffering.
The two claims may sometimes be pursued together, but that is not a universal rule. Who may bring each action, what damages survive, and how any recovery is distributed are questions of state law.
meet your advocates.
Founding attorneys Jim McHugh and Mike Fuller have gone up against hospitals, corporations, and national defense firms - and won. Their work has led to millions recovered and real accountability.
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How Much Does It Cost To Hire An Attorney?You don’t pay us any fees up front. We work on a contingency fee basis which means we only get paid if we win.
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How Do I Know If I Have A Case?If you think you may have a case, please reach out and give us a call or contact us through our website anytime. At McHugh Fuller, we don’t believe in automated answering machines, you’ll always talk to a real person.
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How Long Does The Process Take?Every case is different, but lawsuits often take years depending on the complexity of and willingness of the defendant to settle.
get the legal voice you and your family deserve.
We handle nursing home wrongful death cases on a contingency fee basis. You pay nothing up front, and we’re only paid if we recover for your family. When you call McHugh Fuller Law Group, you won’t reach an automated system. A real person answers your call.
Because your loved ones deserve the best
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Proven Track Record
Successfully resolved more than a thousand cases for our clients
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$91,500,000 Verdict Wrongful Death Case
Lawyers with over $100 Million in combined verdicts
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Trial Lawyers Here to Help
Decades of combined experience taking cases all the way to trial, if necessary
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$1.2 Million Arbitration Nursing Home Abuse -
$91,500,000 + Verdict Wrongful Death Case
TAccountability May Extend Beyond an Individual Caregiver
A fatal nursing home case may involve more than the actions of one nurse, aide, or employee.
Depending on the facts and applicable law, potentially responsible parties may include the facility operator, management entities, contractors, health care providers, or other organizations whose decisions or conduct contributed to the harm.
Issues such as staffing, supervision, training, policies, medical escalation, and corporate decision-making may become relevant when the evidence connects those failures to the resident’s death.
McHugh Fuller’s practice has long focused on holding nursing homes and other powerful health care organizations accountable when systemic failures harm vulnerable residents.
What Compensation May Be Available?
Damages in a nursing home wrongful death case vary significantly by state.
Depending on the jurisdiction and the evidence, legally recognized beneficiaries may be able to recover for losses such as:
- Loss of companionship or society
- Loss of support or services
- Funeral and burial expenses
- Mental anguish or similar beneficiary losses where state law permits them
A related estate or survival claim may allow recovery for certain losses suffered before death, such as medical expenses or conscious pain and suffering, where permitted by applicable law.
Some states also allow punitive or exemplary damages under heightened standards for particularly egregious conduct. Others restrict, cap, or prohibit those damages in certain types of cases.
No nationwide list of damages applies to every nursing home wrongful death lawsuit.
Filing Deadlines Are Also State-Specific
There is no single national statute of limitations for nursing home wrongful death claims.
The filing period may depend on the state, the type of defendant, whether the case includes medical malpractice allegations, the date of death, and other statutory rules. Estate proceedings or pre-suit requirements can also affect how a claim must be pursued.
For that reason, families should not assume they have a particular number of years based on information about another state.
Early investigation can also matter for practical reasons. Staff members leave, records become harder to obtain, facilities change ownership, and memories fade.
Contact us online to request a free review of what happened to your loved one.
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