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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.
Los Angeles, CA
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Posted about 1 month ago in Medical Malpractice
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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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Answers (1)
Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
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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. |
