The nursing home calls to tell you that your elderly mother has fallen, suffered a severe head injury, and is being rushed to the hospital. Despite emergency intervention, she passes away days later from complications related to the fall. As you process your grief, unsettling questions arise about how this could have happened in a facility meant to protect her.
Many South Carolina families face this heartbreaking scenario. Between understaffed facilities, inadequate fall prevention measures, and improper resident assessments, nursing home falls that result in death often stem from preventable elder care negligence. With help from an experienced Anderson wrongful death lawyer, you investigate the possibility of filing a claim for damages.
Understanding Wrongful Death Claims in Nursing Home Falls
When a nursing home resident dies after a fall, the personal representative of their estate may bring two types of legal actions under South Carolina law:
- Wrongful death action. Filed under South Carolina Code Section 15-51-10 through 15-51-60, this legal claim seeks compensation for the "full value for the loss of the life of the decedent" and benefits surviving family members.
- Survival action. Covering medical and funeral expenses, along with the pain and suffering the person experienced before death, survival action compensation goes to the estate rather than directly to family members.
In many cases, personal representatives choose to file wrongful death and survival action claims at the same time.
Common Causes of Fatal Falls in Nursing Homes
Nursing home falls rarely happen without reason. Many fatal nursing home accidents stem from systemic issues that constitute elder care negligence.
Insufficient Staffing
Staff shortages create dangerous conditions where residents receive minimal supervision. When a South Carolina nursing home operates with too few certified nursing assistants, residents who need assistance with mobility may attempt to get up on their own, leading to falls.
Faulty Fall Prevention
Fall prevention failures occur when facilities don't implement basic safety protocols like bed alarms, non-skid footwear, or bathroom assistance schedules based on fall risk assessments.
Medication Mismanagement
Medication mistakes can significantly increase fall risks. Some medications cause dizziness, confusion, or unsteady gait, especially in elderly patients who may process drugs differently.
Risky Environments
Facility dangers such as poor lighting, wet floors, or cluttered hallways create unnecessary risks for residents with mobility challenges.
Resident Transfer Mistakes
Transfer errors happen when staff members fail to use proper techniques or equipment when moving residents, such as not using required transfer belts or failing to call for assistance with larger residents.
Proving Negligence in a Nursing Home Wrongful Death Case
To succeed in a wrongful death claim involving a nursing home fall in South Carolina, you must establish four key elements:
- Duty of care. Show that the nursing home owed a duty of care to your loved one. This is typically straightforward, as facilities explicitly agree to provide care and protection upon admission.
- Breach of duty. Demonstrate that the nursing home failed to meet the standard of care. For example, if a facility had a written care plan requiring bed rails and regular checks but staff neglected these requirements, this represents a clear breach.
- Causation. Prove that the breach directly caused your loved one's death. This can be challenging, as nursing homes may argue that the resident would have fallen regardless or that other health conditions caused the death.
- Damages. Show that the death caused actual damages, including medical expenses, funeral costs, lost financial support, and non-economic damages such as loss of companionship.
South Carolina Laws Affecting Nursing Home Wrongful Death Claims
Several state-specific laws in South Carolina impact wrongful death cases in nursing homes.
Statute of Limitations
Wrongful death claims generally must be filed within three years from the date of the incident or death. This timeline may vary for government-run facilities and in cases involving medical malpractice.
Modified Comparative Negligence
South Carolina Code Section 15-38-15 describes the state’s modified comparative negligence standard. If the deceased was partially at fault in the incident, compensation may be reduced proportionally. If they were more than 50% responsible, recovery is barred entirely.
Damage Caps
While economic damages aren't capped in wrongful death cases, punitive damages are generally limited to the greater of three times the actual damages or $500,000 under South Carolina Code Section 15-32-530.
Steps to Take After a Fatal Nursing Home Fall
If your loved one has died following a nursing home fall, it’s important to take steps to protect your legal right to seek fair compensation.
- Gather and preserve evidence. Collect medical records, nursing home charts, and incident reports, and photograph any environmental factors that may have contributed to the fall.
- Obtain autopsy results. While an autopsy may not always be required, official documentation can help to link the fall to the cause of death.
- Secure appointment as the personal representative. File an application with the probate court in the county where your loved one resided.
- Consult with an experienced attorney. Nursing home wrongful death cases involve complex legal and medical issues that require specialized knowledge.
Calculating Relevant Recoverable Damages
The value of a South Carolina wrongful death claim consists of three main types of recoverable damages:
- Economic damages. These are tangible financial losses, including medical costs, funeral expenses, and lost financial support.
- Non-economic damages. Compensation may be available for intangible losses such as pain and suffering, loss of companionship, and emotional distress.
- Punitive damages. In cases involving particularly egregious conduct, punitive or exemplary damages punish the wrongdoer and deter similar behavior.
How Our Anderson Wrongful Death Lawyer Can Help
The South Carolina wrongful death attorneys at Pracht Injury Lawyers will investigate the circumstances of the fall, looking into complete medical records, interviewing staff members, and reviewing state inspection reports. As part of our investigation, we will identify all potentially liable parties, develop a legal strategy, and connect with relevant experts who can testify about lapses in the standard of care and carefully calculate total damages.
Losing a loved one to a preventable nursing home fall is devastating, especially in cases involving clear elder care negligence. While no legal action can bring your family member back, holding responsible parties accountable can provide financial security and a sense of justice.