Home > Research Legal Advice > Wrongful Death > Can I sue the Hospital ? Ian the next of kin to my father . The HOSPIT...
Asked 3 months ago - Imperial Beach, CA
FlagRecently my dad passed away in El Paso Texas , the hospital only gave rights to his younger daughter I tried calling but they refuse to even give me a chance to tell them I was his older daughter . Aperantly the hospital didnt do their research right when i called they told me his wife and his daughter were at the hospital first of all my dad never got married and never lived with this woman she resides in he housing home and he was residing with my grandma his mom . The hospital let her signed for him to have a second surgery which i know he didn't need even my aunt his sister told me . Then they allowed her to make the decision to disconnect his machine nobody gave me a chance to get to the hospital i reside in California . I feel my rights were taking away i thought the next of kin had a say
Hospitals and hospices and the like do not have the legal obligation or the skills or resources to launch independent investigations as to the family backgrounds and relationship status for each patient. By and large they must rely on the info that is reasonably available to them at the time the person is admitted. This is one reason why it can be so important to have advance directives in place and available for distribution to the care providers.
I know your sense of loss and pain is real and important, and I feel deeply sorry that you had such a sad experience. But the cause and the blame are not on the hospital and, absent some specific facts that create a specific obligation of the facility, I concur with the other attorneys that you do not have a viable legal claim against the hospital.
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