Does this sound like a negligence case or a wrongful death case?

Asked over 1 year ago - Brick, NJ

My father recently passed. From what I know is fell and was taken to the hospital for about 1-2 days. They sent him home and he passed away 3 days later. I was told by a neighbor he was sent home by a cab and he was so banged up the cab driver had to carry him into the house, and left him in a inclosed porch area of the house. He died in the same spot he was left, and wasn't even able to yell out for help or call for help himself.

Does this sound like a negligence case or a wrongful death case?Or something that could have been prevented? I'm thinking the hospital should of kept him till he was stabilized, or atleast made sure someone would be home to look after him.

Attorney answers (8)

  1. Michael A Ferrara Jr

    Pro

    Contributor Level 13

    9

    Lawyers agree

    Answered . Wow. So very sorry to learn. If your father had a will, the Executor will be the person who can bring a lawsuit. If he did not, then you are a sibling can be appointed Administrator by the Ocean County Surrogate. Go to Toms River and it is a very easy thing to do. Then request all of the medical records and bring them to an attorney who handles medical malpractice cases. No attorney can tell you if you have a case at this juncture, but it sure sounds like something went terribly wrong. Good luck.

    Please note that these answers are provided as a community service and are not meant to create an attorney-client... more
  2. Michael David Lindner Jr

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . I am sorry to hear of your loss. One of the toughest parts about telling a person that they have a medical malpractice lawsuit is that it means that I am telling them that something devastating happened to them, and it could have been prevented. At the same time, just because a bad result occurred doesn't mean automatically that malpractice occurred - however, when the bad result occurred so close in time to a discharge from the hospital, the chances that malpractice occured increases greatly.

    As mentioned already, you (or your dad's wife) would need to get the appropriate papers from the surrogate's office, and then get the records from the hospital, and after that, have them reviewed by an experienced attorney. If you need assistance in getting the papers from the surrogate's office, or the medical records, many attorneys will do like me, and will help you with that process.

    Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a... more
  3. Tanya Marie Bachand

    Contributor Level 15

    5

    Lawyers agree

    Answered . The administrator of the estate will need to gather up all his medical records and consult with a medmal attorney in your area. I'm very sorry for your loss.

    This is general advice and does not establish an attorney-client relationship.
  4. Patrick X Amoresano

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . My condolences on the loss of your dad. Once you are appointed the administrator of your father's estate by the County Surrogate, you will have the authority to obtain the hospital records and get answers to your questions.

  5. Ilya Novofastovsky

    Contributor Level 12

    4

    Lawyers agree

    Answered . We have had success with similar cases (internal bleeding, broken back, head trauma, etc.). Fall risk is an important issue for hospitals to address. Once a fall happens, evaluation and monitoring is required. Your incident should be investigated by a medical malpractice attorney.

    Note: With a staff of 30 at our headquarters and affiliated attorneys and experts around the country, we use a... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Have the administrator retain a malpractice lawyer to investigate

  7. George Costas Andriotis

    Contributor Level 20

    3

    Lawyers agree

    Answered . The executor of your father's estate needs to bring a claim on his behalf ASAP. I'm very sorry for your loss.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  8. David Ian Schoen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Was an autopsy performed? Do you know the cause of death. You need the records reviewed by a local medical malpractice attorney.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,624 answers this week

3,299 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,624 answers this week

3,299 attorneys answering