When an individual experiences an untimely death due to the negligent actions of another party, the individual's death is said to be a wrongful death. Actions are considered negligent when a party fails to protect another individual from foreseeable risks of harm as any reasonable person should do. There are two elements that must be met in order for a death to be considered wrongful. First, the individual's death must have been caused, either in whole or in part, by the actions or conduct of another party. Second, the negligent party must be able to be held strictly liable for the individual's death. Strict liability means that regardless of the negligent party's culpability or fault, they may be held responsible for the loss or death caused by his or her actions. When a wrongful death occurs in a nursing home, the facility and its staff may be held accountable for the elderly individual's death.

A wrongful death in a nursing home may result from things such as serious infections, medication errors, falls, unsanitary or unsafe living conditions, failure to provide for an individual's basic needs, or lack of appropriate or adequate supervision. Families that place their elderly loved one in a nursing home expect that their loved one receive the proper care and supervision they need and deserve. Instead, their loved one may experience an unexpected death at the hands of negligent caregivers. When a wrongful death occurs in a nursing home, the victim's family should pursue legal action. One of the first steps that the victim's family should take is contacting a skilled and experienced attorney. Those responsible for the elderly individual's death should be held liable for their actions.

A wrongful death can sometimes go unnoticed, and this may be especially true in the case of the wrongful death of an elderly individual. Individuals placed in nursing facilities may already be experiencing health problems and a diminished quality of life. However, an individual's failing or compromised health may not always explain their sudden death. When a death is unexpected or occurs under suspect circumstances, victim's families should press for a thorough investigation into their loved one's death. Without a comprehensive investigation, an individual's death may go unreported. An attorney familiar with wrongful death cases can be of invaluable assistance and should be retained by the family as soon after the victim's death as possible.