When a nursing home’s neglect kills a resident, Delaware law gives the family two claims: the wrongful death claim for the survivors’ own losses, and the survival claim for what your loved one endured before death. Facilities count on grieving families accepting “she was elderly” as an explanation. The records usually say otherwise.
Nursing Home Death Claims: Key Facts
- Common fatal failures: Falls with head injuries, infected pressure sores, sepsis from untreated infections, choking, medication errors, dehydration, and elopement deaths.
- Who can recover: Delaware’s wrongful death statute (10 Del. C. ch. 37) allows close family members to recover for loss of companionship, mental anguish, and funeral expenses.
- Two claims together: The survival action captures the resident’s pre-death pain and suffering – often the largest component in neglect deaths.
- Preserve everything now: Request the complete chart immediately and do not sign releases. Facilities’ records have a way of becoming “unavailable.”
“She Was Old” Is Not a Defense
Age and frailty are why your loved one was in the facility – they define the duty of care, not excuse it. A fall by an assessed fall-risk resident, a stage-IV pressure sore, or sepsis from an uncharted infection are failures of basic care that Delaware juries take seriously. Josh Inkell previously represented Delaware nursing homes; we know how these cases are defended, and we build ours accordingly.
We represent families statewide – Wilmington, Newark, Dover, Smyrna, Milford, Seaford, and Georgetown. Related: Nursing Home Abuse, Wrongful Death, Infections & Sepsis.
Nursing Home Wrongful Death FAQs
How long do we have to file?
Generally 2 years from the death. Because these cases require complete records and expert review – and medical-negligence claims need an affidavit of merit (18 Del. C. § 6853) – families should start well before the deadline.
Do we need an autopsy?
An autopsy helps but is not required. Facility charts, hospital records, and death certificates usually establish cause. If death just occurred and neglect is suspected, requesting an autopsy before burial preserves the strongest evidence.
What if my loved one signed an arbitration agreement at admission?
Arbitration clauses in admission paperwork are not always enforceable – who signed, what authority they had, and what the clause covers all matter. Never assume it blocks your claim.
Lost a loved one to nursing home neglect? Call (302) 297-7775 for a free, confidential consultation.