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Can I sue the nursing home after my mother passed away

Franklin, MA |
Filed under: Nursing homes

My mother has been in the same skilled nursing facility for 2.5 years with advancing dementia. I am a former nurse, and visited my mother regularly. My name, telephone number and address has never changed while she was a patient there. Three days before she died, I me with the nursing staff and made sure that they had both my husband's and my cell #'s and home number. I have spoken to them at least 100 times over the past few years, and actually live across the street from them. My mother passed away 1/7/2013 at the local hospital, at no time was I ever contacted by the nursing home, or that she had even beem transported. I fould out through my sister who lives in another state that my mother had passed away and was alone. I immediately called the facility and not one person could explain

Attorney Answers 7


  1. You may have a claim that can viably be advanced. Contact someone qualified and skilled in nursing home/assisted living litigation. Specialized area of litigation. Sorry for your loss.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. What do you hope to sue them for? It seems that unless you have some provisions in the agreement between you and the nursing home giving them an affirmative duty to call you anytime that your mother was transported, it is very unlikely that you would be successful in a law suit. I would obtain all of the admissions paperwork and then consult with an attorney in your area to evlaute possible claims, but based on the above facts, I do not see one.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  3. Sorry to hear about your mother’s unfortunate passing. While the actions of the nursing home were clearly not the best, the real question is this: if their inaction was negligent what are your damages? That is the heart of your matter, and one you need answered by a local nursing home negligence attorney.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. I am sorry for your loss.
    This is a specialized area of the law. I refer these types of cases to David Hoey in North Reading. He will be able to advise you if you have a viable claim. Please let him know how you got his name.

    *** LEGAL DISCLAIMER I am licensed to practice law in the Commonwealth of Massachusetts and have an office in Reading.. My practice is focused in the areas of elder law, estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state.


  5. I am sorry for your loss. The Nursing Home is guilty of extreme insensitivity and staff should be ashamed. However, I do not see a claim for damages on your behalf unless your emotional distress rose to the level of affecting you physically in a very bad way.


  6. I'm sorry to hear about this. It was not nice of the facility to do this, but a lawsuit would likely be fruitless, however, call a local Avvo attorney in your city to discuss in detail.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  7. Sorry to learn. Leo Boyle in Boston can answer your question for you. Good luck

    Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.

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