QUESTION
Can I sue or file a legal dispute against the nursing home who took care of my deceased mother?
Asked on Dec 30th, 2011 on Personal Injury - Georgia
More details to this question:
My mom was 84 and died January of this year. She had been in the nursing home for a period of time but unfortunately, her health did not improve and the nursing home was not able to send her home as was planned. They sent her to the ER one evening. She was in comatose at the time and never woke up before passing on just three days later. We found out from the lab tests that she was severely dehydrated. There were also other major complications like urinary tract infection and pneumonia. I had worked with a couple of CNAs who came to her wake and told me that they kept telling the nurse something was wrong, but she wouldn't listen to them. Can I file for negligence or medical malpractice based from these details?
2 ANSWERS
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Yes. But you need evidence.
Answered on Jan 13th, 2012 at 9:21 AM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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It would be worth your time to have a personal injury attorney to at least scan the medical records to determine if this case has enough merit to warrant spending the time and money to pursue. Medical malpractice cases require a medical expert affidavit before a case can be filed; which in itself can cost several thousand dollars. With the limited amount of information you provided, it appears that a question comes up concerning protocol at the nursing home in regards to nutrition. If your witnesses are willing to testify as to warning signs that were provided to the staff at the nursing home and if those warnings were ignored, then you may have a viable claim for wrongful death. I recommend you contact us or another personal injury attorney soon while the memory of your witnesses are fresh.
Answered on Jan 13th, 2012 at 8:37 AM