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Because my mother was 96yrs old means there is no respect for her in the law when it comes to med. negligence? I need help pls.

Asked over 2 years ago - Los Angeles, CA

My mom went into Cedars Emergency Sept 2008 with pancreatic infection & was told that most people even-though those that are forty do not survive that infection .. well my mom did although she had cancer and was getting chemo for it prior to her entry into emergency which they said her body was reacting positively to. Subsequently my mother contracted another infection in the hospital (C-diff) and although I requested that the hospital do all that was possible they did nothing because of her age and the fact that she had cancer . My mother was not fed intravenously for over eighteen days and did not have water for forty-eight hours THIS IS PLAIN OLD NEGLECT-!! and WAS A HORRIBLE WAY FOR MY MOTHER TO DIE, MY MOTHER DIED NOV 20,2008 I was at the hosp. daily and witness MUCH NEGLIGENCE

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Attorney answers (2)

Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Business Attorney in Los Angeles, CA.

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Did your mother have an advanced directive that specified this kind of treatment? If so, your wishes might not have been the ones that the hospital was bound to listen to. If not, and you were at the hospital daily, and this withholding of food and water was negligence and not deliberate, is there some reason that you didn't intervene?

Two practical problems with a a wrongful death suit for a 96 year old are that it's complicated to prove that the negligence was the cause of death, because she could have died from the starvation, dehydration, cancer, or one of the infections, and the damages are limited by her age, since she could not have had much time left.

In CA, you have 2 years for the date of death to file a suit for medical malpractice, so see a lawyer to fully disclose your situation and get some specific advice.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Donald A Green

Reputation Level 10

Answered about 2 years ago. Medical Malpractice Attorney in Carlsbad, CA.

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I agree with the advice provided by my colleague, Ms. Koslyn, but the statute of limitations for wrongful death in a medical malpractice situation is one year (unless there is delayed discovery of the cause of death in which case it will be three years, not two as suggested (Two years applies to general personal injury matters). This rule is stated in California Code of Civil Procedure section 340.5: "In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.

With your mother's death in November 2008, I think you will be hard pressed to pursue a medical negligence claim against her. However, given her age and the facts as you've reported, you might be able to pursue an elder abuse action. The elder abuse statute of limitations is 2 years. I handle these types of cases throughout California. Call me if you'd like to discuss: (760) 431-5290.

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