Families place loved ones in nursing homes trusting they will be cared for. When that trust is broken and a resident dies as a result, Delaware law generally provides paths to accountability. This page outlines what those paths look like.
The Detailed Answer
Common Causes of Nursing Home Deaths
- Falls — including unwitnessed falls that result in fractures and head injury.
- Pressure injuries — Stage III and IV bedsores associated with infection and sepsis.
- Medication errors — wrong medication, wrong dose, or missed doses.
- Infections — including urinary tract infections progressing to sepsis.
- Malnutrition and dehydration — often signs of inadequate staffing or attention.
- Elopement — residents wandering off and being injured outside the facility.
- Choking and aspiration — from improper feeding or supervision.
Legal Theories
A nursing home wrongful death case may combine:
- Wrongful death under 10 Del. C. § 3724 — for the family’s losses.
- Survival action under 10 Del. C. § 3701 — for the deceased’s pre-death pain and suffering.
- Negligence and breach of standard of care — based on facility care failures.
- Regulatory violations — federal and state nursing home regulations may inform the standard of care.
Evidence to Gather
- Complete nursing home chart, including care plans and progress notes
- Hospital records before and after the events
- Staffing records and incident reports
- State surveys and deficiency reports
- Photographs of injuries (especially pressure ulcers)
- Family observations and notes about prior concerns
Statute of Limitations
Wrongful death actions generally must be filed within two years of death under 10 Del. C. § 8107. Medical malpractice rules may apply to certain claims and have additional pre-suit requirements.
What This Means for Your Case
Nursing home death cases require both medical and regulatory analysis. The interplay between wrongful death principles and standard-of-care requirements is complex. Joseph M. Jachetti has experience handling complex injury matters. See our wrongful death overview for more on the fatal injury framework.
Related Questions
Q: Should I report concerns to the State?
Yes — Delaware’s Department of Health and Social Services investigates complaints, and the resulting records can be useful in the civil case.
Q: What if my loved one had a serious underlying illness?
Pre-existing conditions do not bar a wrongful death claim. The question is whether the facility’s care failures caused or hastened the death.
Q: Can arbitration agreements limit the case?
Some nursing home admission agreements include arbitration clauses. Their enforceability depends on Delaware law and the circumstances.
When to Talk to a Delaware Nursing Home Death Lawyer
Time-sensitive evidence is often lost quickly in nursing home cases. A Delaware wrongful death attorney can help preserve records and investigate.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.