Recently 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
While "unfair" and certainly upsetting, I do not see a legal cause of action based on your facts.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Personal Injury Lawyer
There is a lot of unknowns here. For example your father may have executed a health care directive to have this woman make such decisions. You should promptly contact a medical malpractice attorney in the El Paso area. you can use this site.
8 lawyers agree
Administrative Law Lawyer
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.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
5 lawyers agree
Personal Injury Lawyer
I'm sorry to hear about this, but the hospital likely called the only name they had on file, and they don't have the resources to notify all the family members.
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