QUESTION
I don't know if or what kind of an lawyer I need for my 46 yr. old son.
Asked on Mar 11th, 2013 on Nursing Home Litigation - Arizona
More details to this question:
In 9/2012 my son was diagnosed with cirrhosis of the liver and hepatic encaphalopathy (TBI). He is terminal and has been in a care home since. He takes one of his med's (lactulose) 4X a day. Per 3 doctors, he cannot go without it. The head caregiver at the care home called the police due to his behavior, although he couldn't beat his way out of a wet paper bag. The police ran a check on him and found a warrant for failure to appear so took him to jail. The caregiver called me and told me what happened. I immediatley called the jail and let them know about his med's. I talked to the arresting officer and told him my son will die if he does not get his med's as perscribed. He then called the care home and they put a LPN on the phone, she told the officer that my son does not have a life threatening condition and that he can go a day or longer without med's. Two days later he was sent to the hospital for 2 weeks almost comatose. No room for more detail's.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Assuming you can prove everything you wrote, you may have a claim against the LPN, the home and the police.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Mar 12th, 2013 at 10:19 AM