By Garret DeReus
When a loved one dies in a nursing home, families often have questions about the investigation process and their rights. While Louisiana law establishes specific duties for coroners, their primary focus is on criminal matters and public health concerns rather than civil matters. Understanding these limitations is crucial for families seeking answers about a loved one’s death in a nursing home setting.
Natural Deaths in Nursing Homes: A Common Occurrence
Nursing homes are facilities where elderly individuals receive care during their final years of life. Many residents pass away peacefully from natural causes, such as age-related conditions, chronic illnesses, or the natural progression of existing medical conditions. This is an expected part of the nursing home environment.
However, not all nursing home deaths are from natural causes. Some residents tragically die due to negligent care, including untreated pressure ulcers that develop into life-threatening infections, malnutrition, dehydration, or even direct abuse. These deaths warrant thorough investigation and may give rise to legal claims.
Common Causes of Preventable Nursing Home Deaths
Several preventable circumstances can lead to death in nursing homes when proper care isn’t provided. These include falls resulting in fatal injuries due to inadequate supervision, medication errors leading to overdose or adverse reactions, choking incidents due to improper feeding assistance, untreated infections that progress to sepsis, and severe dehydration or malnutrition from neglect. Delayed medical treatment for acute conditions can also result in otherwise preventable deaths.
The Limited Role of the Coroner in Nursing Home Deaths in Louisiana
While families might expect a thorough investigation by the coroner after a nursing home death, Louisiana law primarily directs coroners to focus on criminal matters and public health concerns. According to Louisiana courts, including LeJeune v. Causey, the coroner’s primary duty is to the state rather than to private individuals. Unless there is clear evidence suggesting criminal conduct or a public health threat, the coroner may not perform an autopsy or conduct an in-depth investigation.
The unfortunate reality is that coroners, with their limited resources, are more likely to investigate deaths with obvious signs of violence, such as gunshot wounds, stabbings, poisonings, or drownings, than deaths that appear to be from possible natural causes in a healthcare setting. Thus, deaths of elderly nursing home residents due to illness or neglect may receive less scrutiny, even when neglect played a role. This creates particular challenges because neglect-related deaths can be complex and develop over time – for instance, when a resident suffers a fall, receives inadequate follow-up care, and ultimately succumbs to complications months later.
This limited oversight becomes even more concerning when considered alongside findings from our previous article Louisiana Home Health Agencies: Grossly Underreported Falls and Injuries. That article detailed a September 2023 federal investigation revealing that healthcare providers systematically underreport serious incidents. The Office of Inspector General found that 55% of falls resulting in major injury and hospitalization went unreported, with supposedly “safer” facilities often being the worst offenders. When healthcare providers fail to report serious incidents, it becomes even more difficult for coroners to identify cases requiring investigation.
Legal Investigation Options Beyond the Coroner
Even without a coroner’s investigation, an experienced attorney can conduct a thorough investigation into a nursing home death. This includes obtaining and analyzing medical records, interviewing staff members and witnesses, reviewing facility policies and procedures, and consulting with medical experts. Once a lawsuit is filed, additional investigative tools become available, such as the ability to issue subpoenas and conduct depositions under oath.
***
If you believe your loved one died due to nursing home negligence or abuse, contact Bizer & DeReus, LLC for a free consultation. Garret DeReus and our experienced team may be able to help investigate the circumstances of your loved one’s death and protect your legal rights. Contact us at 504-619-9999 or [email protected] to discuss your case.