When Nursing Home Neglect Leads to Wrongful Death in Washington
Placing a loved one in a nursing home is an act of trust. You believe trained professionals will protect them, provide comfort, and treat them with dignity.
But what happens when that trust is broken? When neglect or abuse inside the facility leads to a resident’s death?
It’s one of the most heartbreaking phone calls our firm receives.
At Campiche Andrews, we’ve represented Washington families who learned too late that a parent or spouse was living in unsafe conditions malnourished, overmedicated, ignored, or left to suffer.
This article explains exactly what families can do when nursing home neglect leads to wrongful death, including how Washington law works, who can file a claim, what evidence to collect, and how to make sure it never happens again.
Why Nursing Home Neglect Turns Deadly
Most wrongful deaths in long-term care facilities start small: a missed medication, a fall no one reports, a pressure sore that goes untreated.
But when warning signs are ignored, they snowball into fatal injuries.
Common causes include:
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Falls from lack of supervision or broken safety equipment
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Infections and sepsis from untreated bedsores or poor hygiene
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Malnutrition and dehydration caused by understaffing
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Medication errors or over-sedation to make residents “easier to manage”
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Physical abuse by overworked or untrained staff
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Failure to monitor medical conditions such as diabetes, heart disease, or stroke
Each of these is preventable when facilities follow federal and state care standards. When they don’t and a resident dies, it becomes a wrongful death case.
What Counts as a Wrongful Death in a Nursing Home?
Under Washington’s RCW 4.20.010 – 4.20.046, a wrongful death occurs when someone dies because another person or entity was negligent or committed a wrongful act.
In a nursing home, that means the facility, management company, or individual caregivers failed to meet the duty of care owed to the resident.
Examples include:
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Ignoring physician orders
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Failing to provide adequate nutrition or hydration
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Not responding to call lights or alarms
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Allowing unqualified aides to administer medications
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Covering up injuries or falsifying records
Wrongful death claims don’t just hold the facility accountable; they also expose systemic problems like understaffing and corporate cost-cutting that endanger others.
Who Can File a Wrongful Death Claim in Washington?
Washington limits who can bring a claim. Generally, it must be filed by the personal representative of the deceased resident’s estate on behalf of the beneficiaries, which may include:
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A surviving spouse or state-registered domestic partner
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Children or stepchildren
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If none exist, the parents or siblings of the deceased
You can learn more about eligibility in Who Can File a Wrongful Death Claim in Washington.
Step-by-Step: What to Do After a Nursing Home Death
1. Request a Meeting with the Administrator
Ask for all incident reports, staff notes, and explanations in writing. Facilities must document deaths and notify state regulators within 24 hours if neglect is suspected.
2. Preserve Evidence
Collect photos, medications, charts, or any personal items that show neglect such as dirty bedding, bruises, weight logs. Family documentation often becomes key evidence.
3. File a Report with the State
Contact Adult Protective Services (APS) or DSHS Residential Care Services to open an investigation. This is essential even if you also plan civil action. Our guide How to Report Nursing Home Abuse in Washington State walks through each step.
4. Call an Attorney Immediately
A lawyer can issue preservation letters, obtain staffing schedules, and request medical charts before evidence disappears. At Campiche Andrews, we coordinate both the state investigation and the civil claim.
How Liability Works in Nursing Home Wrongful Death Cases
Neglect-related deaths usually involve multiple layers of responsibility:
| Party | How They May Be Liable |
|---|---|
| Facility owner/operator | Failing to staff adequately, train employees, or enforce safety policies |
| Individual caregivers or nurses | Negligence in monitoring or providing care |
| Contract medical providers | Medication errors, failure to treat conditions |
| Parent corporations or investors | Cutting costs, ignoring compliance warnings |
Because most facilities are part of large ownership chains, tracing liability requires reviewing corporate filings, contracts, and insurance policies. That’s where experienced litigators make a difference.
Evidence That Proves Neglect or Abuse
A successful claim relies on evidence that the death resulted from preventable negligence. Examples include:
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Medical records showing untreated injuries or sudden weight loss
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Shift reports revealing understaffing or missed checks
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Video footage or witness statements from other residents
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Autopsy results confirming infection or dehydration
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State inspection citations documenting prior violations
Our attorneys work with medical experts, forensic nurses, and elder-care specialists to interpret this data and connect it directly to the facility’s failures.
Damages Families Can Recover
Compensation in a nursing home wrongful death claim can 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
Each case is unique, but these damages provide both accountability and security for the family’s future.
Learn how courts value these cases in Washington Wrongful Death Settlement Value, Damages, and Timeline.
How Long Do You Have to File?
In Washington, families usually have three years from the date of death to file a wrongful death lawsuit.
However, evidence inside nursing homes can vanish fast: staffing logs are overwritten, witnesses leave, and surveillance loops every 30 days.
Acting quickly ensures your attorney can secure:
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Incident and medical reports
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Payroll records proving staffing ratios
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Electronic medication logs
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Inspection and complaint histories
Don’t wait for the facility’s version of events to become “the record.”
Common Defenses Nursing Homes Use
Expect the facility’s insurer to deny or minimize responsibility.
Typical defenses include:
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“The resident’s death was from natural causes.”
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“We met all federal staffing requirements.”
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“The family didn’t report concerns in time.”
An experienced attorney can dismantle these arguments by comparing medical timelines, expert opinions, and internal policy violations that reveal the truth.
The Role of State and Federal Law
Washington’s Nursing Home Resident Bill of Rights (RCW 70.129) guarantees residents:
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Freedom from abuse and neglect
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Adequate medical and personal care
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Dignity and respect
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Access to records and advocates
Facilities that violate these rights can face both civil and regulatory penalties.
At the federal level, the Centers for Medicare & Medicaid Services (CMS) tracks each facility’s inspection score including data your attorney can use to show a pattern of unsafe practices.
Why Families Often Don’t Learn the Truth Right Away
After a death, facilities sometimes describe it as “natural causes” even when negligence played a role.
Families may not question it because:
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Staff appear sympathetic
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Medical terminology sounds plausible
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Records are withheld or delayed
If something doesn’t feel right such as bruising, sudden decline, and vague explanations, trust your instincts.
A wrongful death attorney can review records and tell you within days whether neglect likely occurred.
How Campiche Andrews Can Help
Our Elder & Nursing Home Abuse attorneys combine compassion with relentless investigation.
We handle everything from initial evidence collection to negotiation and trial.
What we do for every client:
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Preserve evidence immediately through legal hold letters.
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Work with medical experts to establish cause of death.
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Calculate full damages including emotional and economic loss.
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Negotiate aggressively with corporate insurers.
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Go to trial when settlement offers fall short.
We represent families throughout Seattle, Tacoma, Olympia, Spokane, and across Washington.
Preventing Future Deaths in Care Facilities
Holding negligent facilities accountable does more than bring justice, it saves lives.
Each lawsuit exposes patterns that regulators can correct: understaffing, poor training, lack of infection control.
Families can also help by:
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Visiting frequently and unpredictably
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Documenting changes in weight, behavior, or appearance
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Asking direct questions and demanding answers
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Reading inspection reports before choosing a facility
Neglect thrives in silence; advocacy ends it.
Frequently Asked Questions About Nursing Home Neglect
What is considered wrongful death in a nursing home?
Any death caused by neglect, abuse, or failure to provide proper care such as untreated infections, malnutrition, or falls qualifies as wrongful death under Washington law.
Who can sue a nursing home for wrongful death in Washington?
Typically the estate’s personal representative on behalf of surviving spouses, partners, children, or, if none exist, parents or siblings.
Can you sue a nursing home for neglect if your loved one died of natural causes?
Yes, if neglect accelerated or contributed to death for example, failing to treat infections or prevent falls.
What damages can families recover for nursing home wrongful death?
Medical costs, funeral expenses, lost support, and compensation for pain, suffering, and loss of companionship.
How do you prove nursing home negligence caused death?
Through medical records, witness statements, expert testimony, and state inspection findings linking neglect to the fatal outcome.
What if the facility claims it followed the rules?
Compliance on paper doesn’t equal adequate care. Your lawyer can uncover staffing logs, training gaps, and falsified records.
Are wrongful death claims against nursing homes covered by insurance?
Yes, most facilities carry liability insurance that pays settlements or verdicts.
Can criminal charges be filed in addition to a civil case?
In extreme cases of abuse or neglect, prosecutors may pursue criminal elder abuse charges alongside your civil lawsuit.
