QUESTION
Please let me know if I have a case against Home Helpers, Inc. and if not, what course of action do I have to hold Home Helpers accountable.
Asked on Aug 07th, 2012 on Wrongful Death - Pennsylvania
More details to this question:
My mother¿s home care aide from arrived at her apartment shortly before 11:00 AM. She had been my mother¿s home care aide for a year and when she arrived this day for the first time my mother did not answer the door. Instead of immediately notifying the apartment manager of the possible emergency so that the manager could go in my mother¿s apartment to see if she was alright, the aide called her boss who did not advise her to get help, she simply left and did NOTHING!
My mother laid conscience and frightened on her bedroom floor for 3 ½ extra hours until help arrived and it was too late for her to receive the ¿Clot Buster¿ that could have minimized the effects of the stroke. As a result, my mother died 7 days later.
Had the home care aide or her boss notified the apartment manager that my mother was not answering, I could be visiting my mother in a nursing home instead of a cemetery.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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It sounds like you may have a potential medical malpractice case, although an attorney will have to find an expert who will support the proposition that a home health aide has an obligation to respond to a patient in your mother circumstances in an emergency fashion. I am not certain that the standard of care would require this. Additionally, as with all malpractice cases involving an elderly plaintiff with pre-existing health issues, there will be a question about whether or not the case is financially viable.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can expect when filing a medical malpractice case.
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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 Aug 08th, 2012 at 10:30 AM