In Ohio, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another that would have entitled the deceased to a personal injury claim if they had survived. When that death occurs in a nursing home, the responsible party may include the facility, its staff, or third-party contractors.
Who Can File a Wrongful Death Lawsuit in Ohio?
Ohio law permits the personal representative of the deceased's estate—typically appointed in probate court—to file the claim on behalf of surviving family members. Eligible beneficiaries often include:
- Spouse of the deceased
- Children (including adopted)
- Parents
- Other relatives financially dependent on the deceased
The court may also distribute damages among other next of kin depending on circumstances.
Key Elements Required to Prove a Nursing Home Wrongful Death Case
To succeed in a wrongful death claim, the plaintiff must establish several elements. Each is fact-sensitive and demands strong supporting evidence.
1. Duty of Care
Nursing homes owe residents a legal duty to provide reasonable and appropriate care under both federal and Ohio regulations. This includes meeting medical needs, protecting residents from harm, and maintaining a safe environment.
2. Breach of Duty
Proving that the nursing home failed to meet its obligations is often the core of the case. Examples may include:
- Failing to administer medication properly
- Ignoring signs of medical distress
- Inadequate staffing or training
- Poor hygiene or malnutrition
- Failure to prevent falls or bedsores
Ohio nursing homes are regulated by the Ohio Department of Health (ODH) and Centers for Medicare & Medicaid Services (CMS), and inspection reports or citations can help establish a breach.
3. Causation
The plaintiff must prove that the nursing home’s action—or inaction—directly led to the resident’s death. This is often the most challenging part of the case, especially when the victim had pre-existing health conditions.
Medical records, expert testimony, and witness accounts are often critical in connecting the facility’s negligence to the fatal outcome.
4. Damages
Finally, plaintiffs must demonstrate quantifiable damages resulting from the death. These can include:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of financial support
- Loss of companionship, guidance, or services
Common Types of Nursing Home Negligence That Lead to Wrongful Death
Neglect-Related Injuries
Prolonged neglect can result in sepsis, infections, or untreated injuries. These cases often involve bedsores, dehydration, or undiagnosed medical issues that could have been managed with proper care.
Physical or Emotional Abuse
Intentional abuse—whether by staff or other residents—can lead to fatal injuries or health deterioration. Abuse may include physical assault, overmedication, or emotional trauma.
Falls and Unsafe Premises
Many wrongful deaths in Ohio nursing homes are linked to falls. If a resident was known to be a fall risk and wasn’t monitored properly, the facility may be held accountable.
Medical Errors
Wrong medication dosages or failure to follow treatment protocols can have fatal consequences. A review of the medication administration records is often essential in these claims.
Building a Strong Nursing Home Wrongful Death Claim in Ohio
Collect and Preserve Evidence Early
Families should obtain and retain:
- Medical records and death certificate
- Incident reports or internal facility documents
- Photos of injuries or unsafe conditions
- Witness statements from staff or other residents
Nursing homes may be quick to limit access after a fatality. Acting quickly helps prevent evidence from being lost or altered.
Use Expert Witnesses
Healthcare professionals can analyze the care received and determine if it met accepted medical standards. In Ohio, expert testimony is often required to show causation between negligence and death.
Review Facility History and Citations
A nursing home’s track record may reveal patterns of non-compliance. Ohio Department of Health inspections and CMS nursing home compare tools are publicly accessible and can show repeated violations.
Statute of Limitations for Filing a Wrongful Death Claim in Ohio
Ohio imposes a two-year deadline from the date of death to file a wrongful death lawsuit. Missing this window can permanently bar the family’s ability to recover damages.
However, cases involving fraud, concealment of evidence, or unknown causes of death may provide limited exceptions. An attorney can evaluate whether tolling applies.
Why Legal Representation Matters in Ohio Nursing Home Cases
Nursing home wrongful death cases are highly technical. Facilities and their insurers often deny fault or argue that the death was inevitable due to existing conditions. An experienced wrongful death attorney in Ohio can:
- Secure vital medical and legal records
- Identify liability through expert review
- Negotiate with insurers or pursue trial when needed
- Ensure compliance with procedural rules and deadlines
Many firms offer contingency representation, meaning the family pays nothing unless compensation is awarded.
Conclusion
Filing a wrongful death claim against a nursing home in Ohio is emotionally and legally complex. Proving liability requires showing that the facility breached its duty of care, that the breach led to death, and that measurable damages occurred. With proper documentation, expert insight, and legal support, families can hold negligent nursing homes accountable—and seek justice for a loss that should never have happened.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Ohio Wrongful Death claims can be challenging. Fortunately, you don't need to do it alone. The experienced 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.