If a patient fell from her wheelchair and home health care aid put her back in her bed.left the patient and aid went home in the

Asked over 1 year ago - Fort Lauderdale, FL

Morning patient became very confused,went to hospital.patient died 5 days later who would be responsible from patient death.

Attorney answers (6)

  1. Charles Adam Shultz

    Contributor Level 19

    13

    Lawyers agree

    Answered . Did they health care worker work for any agency? That agency and the worker could be liable for neglect. The hospitals records would have to be reviewed to determine if they did anything wrong once the woman gor there.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  2. Samuel Aaron Coffey

    Contributor Level 10

    10

    Lawyers agree

    Answered . The agency is the target of your claim. I have handled very similar claims here in Broward County, FL.

    Samuel A. Coffey, Esq. ABRAMOWITZ, POMERANTZ & COFFEY, P.A. Belle Terre of Sunrise, Suite 101 7800 W. Oakland... more
  3. Will Murphy

    Contributor Level 15

    9

    Lawyers agree

    Answered . Your question relates to wrongful death due to medical malpractice. You may get more responses in an area of Avvo other than probate.

    There is no substitute for the professional advice of an attorney who knows your case and represents you. My post... more
  4. Jesus Novo III

    Contributor Level 14

    9

    Lawyers agree

    Answered . Five days is a long time and many intervening factors may have contributed to patient's death. Need a consultation and fast. My office charges only 25% pre-trial.

  5. Josh P Tolin

    Contributor Level 19

    9

    Lawyers agree

    Answered . There are a lot of issues and questions of what happened. Just leaving a patient in a wheelchair is not going to lead to death 5 days later. It does sound like you should get a local attorney to look at the records to try to determine what happened. Based on your fact pattern, it is a mystery. Discuss with one of the attorneys in FL who have answered your question and maybe they can help you after reviewing all of the records to see if they can figure out what led to her death.

  6. Adam Morrow

    Contributor Level 11

    5

    Lawyers agree

    Answered . From the limited facts there may be a causal relationship between the fall, subsequent altered mental state and death 5 days later. The first question I would want to know is what was the medical determination, if any, regarding the cause of death? Head trauma?

    Assuming a connection can be made between the fall and cause of death, the issue regarding whether the health care provider failed to act in a reasonably prudent manner based on the circumstances would have to be scrutinized. In addition, is there a statement in the woman's chart/record noting the fall and if so, who witnessed the fall?

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more

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