QUESTION
Does my father (eldest child/has power of attorney) have the right to sue the hospital for my grandmother's death?
Asked on Apr 20th, 2014 on Personal Injury - Alabama
More details to this question:
My grandmother recently died and I feel that things were not handled well by her doctors. For 3 1/2 months, she was in and out of the ER, unable to eat or keep food down. Each time we were told they could find nothing wrong with her. She'd be there for a few days at a time and never saw a dietitian. She died never having seen one. The doctors continued to encourage her to eat anything she wanted without restrictions or recommendations/or a designated diet. It is to my understanding from a friend who is a dietitian and who had told the nurses they needed to swing by, that after 48 hours if a patient has food problems they need to see one. My grandmother had cancer multiple times in the past. Throughout all of this, we asked several times for them to test for it and we were basically ignored. The doctors did other tests and everything came back clean over and over again. Then finally we went back to the ER for about the 6th time they did a scope which came back clean. Then we were given a new doctor who did the scope over again. These showed a fungus in the throat and swollen/infected intestines and stomach. They finally put her on a liquid diet and later a feeding tube. They gave her medication for that but it was too late in the game. Her heart became irregular and started to see a heart doctor as well. Her health went downhill from there. With no answer to why she was sick she became hopeless and depressed. She died a few weeks later, but there was no cause of death. We still have no answers, no one can tell us what happened.
7 ANSWERS
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answered on Apr 23rd, 2014 at 5:50 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, you can sue or bring an arbitration action. However, it may not be worth it. Your mother was dying. How much more time would she have had if the fungal infection had been treated? You need to talk with a local medical malpractice attorney to see if it is worth pursuing.
Answered on Apr 22nd, 2014 at 9:06 PM
Bringing a lawsuit, particularly a malpractice action is not something that should be taken lightly. It is difficult, arduous and expensive. There are many, many factors that have to be considered and analyzed. It would be impossible to determine the strengths and weaknesses of this case without a consultation and review of medical records.
Answered on Apr 22nd, 2014 at 3:16 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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This is the type care all elderly people will receive under Obamacare unfortunately sounds like she did not get good care but you cannot know unless you get the entire chart (all medical care) and have it reviewed by a doctor, then ask him for an opinion. Hospitals have been giving short shrift to elderly folks for a long time, even before Obamacare. Obamacare will make it even worse. The culture does not have use for elderly any more. (I am one and I know)
Answered on Apr 22nd, 2014 at 2:35 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There may be something to pursue here, but it won't be easy. First of all, power of attorney has nothing to do with this, your father will have to be appointed administrator of his mother's estate. Then he will have the legal authority to proceed. In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor or hospital, there is no malpractice, even if it was the wrong call. Once appointed, he will need to get copies of ALL of his mother's medical records and have a doctor (geriatrician, probably) review them; if he/she is willing to testify that the previous doctor or hospital failed to conform to accepted practice, then you have a case.
Answered on Apr 22nd, 2014 at 10:52 AM
Ronald A. Steinberg
If you can find an expert having the same credentials as the person you are unhappy with, who will testify, you can sue.
Answered on Apr 22nd, 2014 at 10:40 AM
James Eugene Hasser
Whoever is in charge of the estate has the right to sue.
Answered on Apr 21st, 2014 at 7:00 PM