Nursing Home Wrongful Death Lawsuits: When Is the Facility Liable?
Families entrust nursing homes with the care and safety of their loved ones, expecting professional staff to provide dignity, supervision and timely medical care. When that trust is shattered by neglect or abuse and a resident dies, surviving relatives are left with grief and questions about accountability. In Washington, wrongful death laws give families a civil avenue to seek justice when a facility’s actions (or inaction) cause a resident’s death. This article explains what counts as a nursing home wrongful death, the legal standards for liability, common causes, and the steps families should take if they suspect a facility is responsible.
What Is a Nursing Home Wrongful Death?
Under Washington’s wrongful death statute, a claim arises when someone’s death is caused by “the wrongful act, neglect, or default of another person”. The law authorizes the decedent’s personal representative to bring a civil lawsuit against the responsible party to recover economic and noneconomic damages for the benefit of certain family members. Unlike a survival action (which seeks damages the deceased person could have recovered if they had survived), a wrongful death claim compensates the survivors for the harms they suffer. If you are unfamiliar with the difference, see our guide on survival actions vs. wrongful death.
In the nursing home context, a wrongful death occurs when a facility, management company or staff member fails to provide the level of care required by law and that failure leads to a resident’s death. Because nursing homes owe residents a duty to provide safe living conditions, adequate nutrition and hydration, medication management and medical supervision, their neglect can make them liable for a resident’s death. These cases are civil, not criminal, and focus on financial compensation and systemic changes rather than punishment.
How Facilities Become Liable for a Resident’s Death
Elements of a negligence claim
To hold a nursing home legally responsible for wrongful death, families generally must prove four elements:
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Duty of care. Nursing homes are regulated by federal and state law and owe residents a duty to provide reasonable care, supervision and medical treatment. This includes complying with care plans, ensuring adequate staffing and following safety regulations.
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Breach of duty. Plaintiffs must show the facility or staff failed to meet the applicable standard of care. Examples include ignoring physician orders, not responding to call lights, allowing unqualified aides to administer medications, or falsifying records.
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Causation. There must be a link between the breach and the resident’s death. Lawyers often use medical records, expert testimony and autopsy reports to show that prompt care would have prevented the fatal outcome.
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Damages. Surviving family members must have suffered measurable losses, such as funeral costs or the loss of their loved one’s companionship.
Examples of facility negligence
Washington law requires nursing homes to meet federal and state care standards. When they cut corners, tragedies occur. Common negligent acts that may lead to liability include:
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Ignoring physician orders: Failing to administer prescribed medications or treatments.
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Failing to provide adequate nutrition or hydration: Understaffing can lead to malnutrition and dehydration.
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Not responding to call lights or alarms: Leaving residents unassisted after falls, seizures or strokes.
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Allowing unqualified aides to give medications or overmedicating residents.
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Covering up injuries or falsifying records.
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Violating safety rules or care plans: For example, ignoring bed alarm protocols or failing to supervise high fall risk residents.
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Chronic understaffing or inadequate trainin.
These breaches transform otherwise unfortunate deaths into wrongful death cases because they show the facility failed to meet its duty to keep residents safe.
Common Causes of Nursing Home Wrongful Death
Wrongful deaths in long term care settings often begin with small lapses in care that snowball into fatal injuries. The following causes appear frequently in lawsuits and state enforcement actions:
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Falls due to lack of supervision or unsafe conditions. Residents may fall because staff fail to monitor transfers, the facility has broken safety equipment or there is poor lighting. Falls are a leading cause of fatal injuries among older adults.
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Infections and sepsis from untreated bedsores or poor hygiene. Pressure ulcers that go unnoticed can progress to stage 4 wounds and blood infections.
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Malnutrition or dehydration. Understaffed facilities may not help residents eat or drink, leading to fatal weight loss or organ failure.
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Medication errors and over‑sedation. Giving the wrong drug or dosage, or using sedatives to make residents “easier to manage,” can suppress breathing or cause deadly interactions.
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Resident‑on‑resident violence or physical abuse by staff. Nursing homes must prevent assaults and respond quickly when they occur.
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Failure to monitor or treat medical conditions. Ignoring signs of stroke, heart attack, sepsis or diabetic emergencies can turn treatable conditions into fatal ones.
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Pressure ulcer complications and elopement. Allowing residents to wander unsupervised (elopement) or failing to treat bedsores can lead to catastrophic injuries.
These deaths are preventable when facilities follow required care standards. A pattern of such failures may indicate systemic neglect that warrants a wrongful death lawsuit.
Evidence Needed to Prove Negligence
Successful wrongful death cases hinge on evidence linking the facility’s negligence to the resident’s death. Common types of evidence include:
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Medical records showing untreated injuries, sudden weight loss or missed medications.
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Shift reports and staffing schedules demonstrating understaffing or missed rounds.
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Video footage from hallway cameras or room monitoring systems and eyewitness testimony from other residents or visitors.
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Autopsy results confirming causes of death such as sepsis, dehydration or head trauma.
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State inspection reports and citations documenting prior violations.
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Facility policies and training records showing whether staff were instructed on fall prevention, pressure ulcer monitoring and emergency protocols.
Families should also document everything. Take photos of injuries, keep diaries of conversations with staff and save all correspondence. These materials may prove invaluable later.
Who Can File and Who Benefits from a Wrongful Death Suit
Washington limits who may bring a wrongful death claim. The personal representative of the deceased resident’s estate, often named in the will or appointed by a court, must file the lawsuit. That representative acts on behalf of statutorily defined beneficiaries, including:
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A surviving spouse or state registered domestic partner.
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The deceased person’s children (including stepchildren).
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If there is no spouse or child, the decedent’s parents or siblings.
The damages recovered are distributed among the beneficiaries according to Washington law. If there is no personal representative named, the court will appoint one. For more on eligibility, see our post “Who Can File a Wrongful Death Claim in Washington.”
Damages Available in Nursing Home Wrongful Death Cases
Wrongful death lawsuits seek compensation to help surviving family members cope with financial and emotional losses. Damages may include:
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Funeral and burial expenses.
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Medical bills related to the final illness or injury.
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Loss of companionship, love and guidance.
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Emotional distress of surviving family members.
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Lost financial support if the deceased contributed income.
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Punitive or exemplary damages in cases of extreme misconduct. Punitive damages are rare in Washington but may be available if the defendant engaged in particularly egregious behavior.
Each case is unique, and the amount of compensation depends on factors such as the decedent’s life expectancy, earning capacity, and the severity of the facility’s misconduct. Our firm cannot guarantee any particular outcome, but we fight to maximize the compensation allowed under the law.
Statute of Limitations: How Long Do Families Have?
Washington imposes a three year statute of limitations on wrongful‑death claims.This means families usually have three years from the date of death to file a lawsuit. Missing the deadline generally bars the claim, regardless of its merits. Important points include:
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Clock starts at the date of death. The limitations period does not wait until the family discovers that negligence was involved.
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Few exceptions. Courts rarely extend the deadline, even for grieving families or late discovery of evidence. Fraud or intentional concealment might toll the statute, but such cases are rare.
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Medical malpractice claims. Wrongful death claims arising from medical malpractice still generally follow the three year rule, though separate malpractice claims may have different deadlines.
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Government defendants. Claims against government run facilities or employees have much shorter notice periods, sometimes as brief as 60 days so consult an attorney immediately.
Because evidence can disappear quickly in care facilities (staff schedules overwrite, witnesses move away and surveillance recordings are deleted), families should act promptly.
Steps to Take If You Suspect Wrongful Death
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Request a meeting with the facility administrator. Ask for incident reports, staff notes and explanations in writing. Facilities must document deaths and notify regulators if neglect is suspected.
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Preserve evidence. Take photos of injuries and living conditions, save medications and keep any relevant paperwork.
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File a report with state authorities. Contact Adult Protective Services (APS) or the Department of Social and Health Services (DSHS) Residential Care Services to open an investigation. Our guide “How to Report Nursing Home Abuse in Washington State” walks you through this process.
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Consult an attorney immediately. A lawyer can issue preservation letters, obtain staffing schedules and request medical charts before evidence disappears. Early legal advice also ensures you meet all notice requirements and statutes of limitations.
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Protect other residents. Pursuing a wrongful death claim not only seeks compensation but also brings systemic problems to light. Legal action can force facilities to improve staffing, training and safety measures, protecting others from the same fate.
Wrongful death lawsuits play a crucial role in holding nursing homes accountable when neglect or abuse causes a resident’s death. Washington law allows the decedent’s personal representative to seek damages for the benefit of surviving family members but the burden is on the family to prove negligence and act within the statute of limitations. By gathering evidence, reporting concerns and consulting an attorney promptly, families can protect their rights and help ensure no other resident endures a similar tragedy.
People Also Ask
What is a nursing home wrongful death lawsuit?
It’s a civil claim brought by a deceased resident’s personal representative against a facility whose negligence or wrongdoing caused the resident’s death. The lawsuit seeks compensation for the family’s economic and non‑economic losses.
How do you prove a nursing home was negligent?
Proof often includes medical records, staffing logs, witness statements, state inspection reports, and expert testimony showing the facility breached care standards and that breach caused the death.
Who can file a nursing home wrongful death lawsuit in Washington?
The personal representative of the deceased’s estate files the lawsuit on behalf of beneficiaries, which may include a spouse, domestic partner, children, parents, or siblings.
How long do I have to file a nursing home wrongful death claim in Washington?
Washington law generally requires filing within three years from the date of death. Missing this deadline typically bars the claim.
What damages can be recovered in a nursing home wrongful death case?
Families may recover funeral costs, medical bills, lost financial support, loss of companionship, emotional distress, and in rare cases punitive damages for egregious conduct.
Why pursue a wrongful death claim if my loved one’s health was already declining?
Even when residents have pre‑existing conditions, facilities must meet care standards. If negligence hastened or caused death, a claim can hold the facility accountable and protect other residents.
Contact a Seattle Nursing Home Abuse Attorney Today
If you suspect your loved one has suffered abuse or neglect in a Seattle nursing home, don’t wait to seek legal help. Contact Campiche Andrews PLLC attorneys today to discuss your case and learn how to protect your loved one’s rights.
Legal Disclaimer: This website provides general information about nursing home abuse law in Seattle and Washington State. It does not constitute legal advice and should not be relied upon as such. Each case is unique and depends on specific facts and circumstances. For legal advice about your situation, please consult with a qualified attorney licensed in Washington. Past case results do not guarantee or predict similar outcomes in future cases.
