What Is Wrongful Death?

A wrongful death occurs when someone dies due to the negligent, reckless, or intentional actions of another person or organization. In the context of nursing homes, wrongful death is often tied to:

• Care provider negligence
• Unsafe facility conditions
• Medical errors
• Abuse or mistreatment
• Failure to provide basic needs
• Violations of state and federal nursing home regulations

Wrongful death claims are civil lawsuits—not criminal charges. The purpose is to hold the responsible parties financially accountable for the harm caused and to provide justice and financial support for surviving family members.

In Ohio, wrongful death is governed by Ohio Revised Code § 2125, which allows specific family members to pursue damages when their loved one’s death was caused by someone else’s wrongful act or neglect.

Common Causes of Wrongful Death in Nursing Homes

Nursing homes are legally obligated to protect residents and provide adequate care. When they fail, the consequences can be fatal. Some of the most common causes of wrongful death in nursing homes include:

Medical Neglect

When staff fail to provide proper medical monitoring or fail to follow a resident’s care plan, serious conditions can be missed, including:

• Internal infections
• Sepsis
• Severe dehydration
• Unmanaged chronic conditions
• Medication errors

These failures can quickly escalate and lead to preventable death.

Bedsores (Pressure Ulcers)

Untreated bedsores can progress into life-threatening infections. Stage III and Stage IV pressure ulcers can cause sepsis, organ failure, and death—especially in residents with compromised immune systems.

Malnutrition & Dehydration

Elderly residents often need assistance with eating and drinking. When staff fail to ensure adequate nutrition and hydration, the results can be fatal.

Falls and Fall-Related Injuries

Nursing homes must evaluate each resident’s fall risk and create a prevention plan. When they fail to supervise or provide necessary mobility aids, residents may suffer:

• Traumatic brain injuries
• Broken hips
• Internal bleeding
• Falls are among the leading causes of nursing home fatalities.

Infections

Infections spread quickly in long-term care facilities. When staff fail to maintain proper hygiene, quarantine procedures, or wound care, treatable infections can become deadly.

Medication Errors

Administering the wrong medication or failing to provide required doses can lead to fatal reactions, complications, or overdoses.

Physical or Sexual Abuse

Intentional harm by staff members or other residents can cause fatal injuries, especially when the victim is elderly or medically fragile.

Inadequate Staffing

Understaffing contributes to nearly every type of nursing home negligence. Facilities sometimes cut staffing levels to save costs, leaving vulnerable residents without supervision or care.

If your loved one died in a Columbus nursing home and you suspect negligence, abuse, or unsafe conditions played a role, you may have grounds for a wrongful death claim.

Who Can File a Wrongful Death Lawsuit in Ohio?

Ohio law specifies who has the right to bring a wrongful death claim. Under state law:

• A personal representative of the deceased’s estate must file the lawsuit.
• This representative is often named in the will or appointed by the court.

Although the personal representative files the lawsuit, any compensation recovered is for the benefit of eligible surviving family members, which generally includes:

• The surviving spouse
• Children (including adopted children)
• Parents

Other family members may be eligible depending on their relationship and dependency on the deceased.

Compensation for Wrongful Death

A wrongful death claim in Ohio allows surviving family members to pursue financial compensation for the losses they have suffered as a result of their loved one's death. Compensation may include:

Economic Damages

These include financial losses such as:

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Loss of financial support the deceased would have provided

Non-Economic Damages

These losses are more emotional in nature and may include:

• Loss of companionship and affection
• Loss of guidance and support
• Mental anguish suffered by surviving family
• Loss of services the deceased provided (household tasks, caregiving, etc.)

Punitive Damages

Punitive damages may be awarded in cases of extreme negligence, abuse, or intentional misconduct. These damages punish the wrongdoer and deter similar conduct in the future.

A knowledgeable Columbus nursing home wrongful death lawyer from McHugh Fuller Law Group can assess the full value of your case and pursue the maximum compensation available.