When a loved one dies under the care of a nursing home, families are left searching for answers. If the death was preventable and caused by neglect or abuse, Connecticut law provides a path for justice through a wrongful death claim. Holding a nursing home accountable is not just about financial recovery—it's also about ensuring that other families don't suffer the same loss.

Proving a wrongful death case against a nursing home requires careful documentation, strategic legal steps, and a solid understanding of liability. Here's what families need to know.

Understanding Wrongful Death in Connecticut

Connecticut defines wrongful death under General Statutes § 52-555 as a death caused by the "wrongful act, neglect or default" of another person or entity. In the context of a nursing home, this could include actions or omissions by staff, management, or contractors that result in fatal harm to a resident.

The executor or administrator of the deceased person's estate is responsible for bringing the claim. Any compensation awarded becomes part of the estate and is distributed according to the decedent's will or Connecticut's intestacy laws.

Common Grounds for Nursing Home Wrongful Death Claims

Wrongful death claims against nursing homes typically involve one or more of the following:

• Neglect of medical needs (e.g., failing to provide medication, monitoring infections, or addressing fall risks)
• Physical abuse by staff or other residents
• Malnutrition or dehydration
• Improper supervision leading to choking, elopement, or accidents
• Unsanitary living conditions that contribute to illness or infection

According to the National Center on Elder Abuse, over 90% of nursing homes have been cited, at one point or another, for violations of federal health and safety standards. While not every violation results in death, it illustrates how systemic issues can lead to tragic outcomes.

Establishing Liability

To prove a wrongful death claim, the estate must show that the nursing home's conduct directly caused the resident's death. This involves several key elements:

1. Duty of Care

Nursing homes have a legal duty to provide residents with a safe environment and necessary medical care. This duty stems from state licensing requirements, federal regulations, and contractual obligations.

2. Breach of Duty

The plaintiff must show that the nursing home failed to meet its duty. For example, if staff ignored signs of a pressure ulcer that led to sepsis, this could constitute a breach.

3. Causation

There must be a direct link between the breach and the death. Medical records, expert opinions, and eyewitness testimony are often used to establish this connection.

4. Damages

Finally, the claim must quantify the harm caused. In wrongful death cases, damages may include medical bills, funeral expenses, pain and suffering, and lost companionship.

Gathering Strong Evidence

A successful claim hinges on solid evidence. The following forms of documentation and testimony are especially important:

• Medical records: These show diagnoses, treatment plans, and any signs of neglect or deterioration.
• Staff logs and care plans: Reviewing these can reveal inconsistencies or missed care.
• Inspection reports: Federal and state inspection findings may highlight previous violations.
• Expert witness testimony: Medical professionals can explain how standard care was not followed.
• Eyewitness accounts: Statements from other residents, family members, or whistleblowers can be powerful.

Families often find it challenging to access this information on their own. A qualified attorney can issue subpoenas, preserve evidence, and work with medical experts to build a compelling case.

Statute of Limitations in Connecticut

Connecticut imposes a two-year deadline to file a wrongful death lawsuit, starting from the date of death. However, no wrongful death claim can be filed more than five years after the act or omission that caused the death, even if the death occurred later.

This makes it essential to consult with legal counsel as early as possible. Delaying action could result in losing the right to file altogether.

Who Can File and What Compensation Is Available?

Only the executor or administrator of the deceased person's estate can file the lawsuit. While family members are often the beneficiaries, the claim itself is brought in the estate's name.

Connecticut law allows recovery for:

• Medical and hospital expenses
• Funeral and burial costs
• Loss of future income the deceased would have provided
• Pain and suffering endured before death
• Loss of enjoyment of life
• Loss of consortium for surviving spouses (in a separate claim)

While there is no cap on wrongful death damages in Connecticut, the burden is on the estate to present clear evidence supporting every element of loss.

Why Nursing Home Cases Require Special Handling

Wrongful death claims involving nursing homes are often more complex than other personal injury cases. These facilities typically operate under large corporate structures that try to shield themselves from liability. In addition, staff turnover, missing records, and vague documentation can make it harder to trace what really happened.

An attorney experienced in elder abuse and wrongful death litigation will understand how to navigate these obstacles. This may involve tracing corporate ownership, identifying policy violations, or deposing staff members under oath.

Conclusion

Losing a loved one in a nursing home is heartbreaking—especially when the death could have been prevented. A wrongful death claim can provide answers, hold the facility accountable, and offer compensation to help the family move forward.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating legal claims against Connecticut nursing homes can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.