Wrongful Death in Nursing Homes — Georgia & South Carolina Attorneys
Losing a loved one is always painful, but learning that their death was caused by nursing home abuse or neglect is devastating. Wrongful death in nursing homes occurs more often than most families realize — studies from the U.S. Office of Inspector General have found that a significant number of nursing home residents experience adverse events, with many resulting in death. When a nursing home’s failure to provide adequate care causes or contributes to a resident’s death, surviving family members have the right to hold the facility accountable through a wrongful death lawsuit.
At Roden Law, our wrongful death attorneys represent families throughout Georgia and South Carolina who have lost loved ones to nursing home abuse and neglect. We combine compassionate client service with aggressive litigation against the corporations that put profits ahead of patient safety.
Common Causes of Wrongful Death in Nursing Homes
Our attorneys have handled nursing home wrongful death cases involving:
- Infections: Untreated urinary tract infections, pneumonia, sepsis, and infected bedsores that progress to fatal conditions because staff failed to recognize symptoms or delay treatment
- Falls: Fatal falls from beds, wheelchairs, or during transfers — especially for residents on blood thinners who suffer fatal brain bleeds
- Malnutrition and dehydration: Failure to provide adequate nutrition and hydration, leading to organ failure and death
- Medication errors: Fatal medication errors including overdoses, dangerous drug interactions, and missed doses of life-sustaining medications
- Choking: Failure to follow dietary restrictions, assist with feeding, or supervise meals for residents at choking risk
- Elopement: Residents with dementia wandering away from the facility and dying from exposure, drowning, or traffic accidents
- Physical abuse: Fatal injuries from physical abuse by staff or other residents
Wrongful Death Laws in Georgia and South Carolina
Each state has specific wrongful death statutes that govern who may file a claim and what damages are available:
- Georgia: Under O.C.G.A. § 51-4-1 et seq., the surviving spouse has the first right to bring a wrongful death action. If there is no surviving spouse, the children may file. If no spouse or children, the personal representative of the estate files for the benefit of the next of kin. Georgia wrongful death claims measure damages by the “full value of the life” of the deceased — an expansive standard that considers both economic contributions and intangible value.
- South Carolina: Under S.C. Code § 15-51-10 et seq., the personal representative of the estate brings the wrongful death action for the benefit of the statutory beneficiaries (spouse, children, parents). Damages include pecuniary losses, mental shock and suffering, funeral expenses, and loss of companionship.
Proving Wrongful Death in Nursing Home Cases
Our attorneys build wrongful death cases by obtaining and analyzing the complete medical record, reviewing CMS inspection histories and deficiency citations, examining staffing records and turnover data, retaining medical experts to establish the standard of care and causation, and deposing administrators, directors of nursing, and treating physicians.
Many nursing home wrongful death cases reveal a pattern of systemic neglect — understaffing, inadequate training, and corporate cost-cutting that prioritized profit margins over resident safety. This evidence supports both compensatory and punitive damages.
Filing Deadlines for Nursing Home Wrongful Death Claims
The statute of limitations for wrongful death is strict: Georgia allows 2 years from the date of death (O.C.G.A. § 9-3-33) and South Carolina allows 3 years from the date of death (S.C. Code § 15-3-530). Missing these deadlines means losing the right to sue entirely. Contact our attorneys as soon as possible to protect your family’s rights.