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My brother died at nursing home, because he had not been checked on at nursing home.

Springfield, IL |

The nurse from nursing home called my mom this morning at 2:30 am and said that they found my brother unresponsive and that he had removed his trek ( which is the thing to give him oxygen) and asked what hospital she wanted him to go to. The nurse did not mention that she did CPR and should have just sent him to hospital closes by which was a mile away and call my mom afterwards. My brother could breathe for 4 hours without his trek they were weaning him off of it. My brother was doing so good. He pulled on things, and the staff knew of it. He had to be unseen by nursing home staff for 5-6 hours and the nurse was suppose. My question is can I sue? and what actions can I take to get process started. Should I wait until autopsy reveal time of death to pursue legal action?

Attorney Answers 6


  1. I am very sorry for your loss.

    If the nurses failed to comply with the standard of care and your brother suffered an injury as a result thereof, there is certainly a case.

    At this stage you need to get a copy of the nursing home chart and have a nursing home attorney review it.

    Attorney Lewis represents clients nationally and is licensed in Florida, Illinois, Kentucky, Ohio, Pennsylvania and Tennessee. THIS ANSWER IS PROVIDED AS A PUBLIC SERVICE FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE. PROVIDING THIS INFORMATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP NOR IS ANY INFORMATION SHARED CONSIDERED PRIVILEGED OR CONFIDENTIAL. AS WITH ALL LEGAL MATTERS, YOU SHOULD CONTACT AN EXPERIENCED ATTORNEY WHO IS LICENSED IN THE APPROPRIATE JURISDICTION AND BE AWARE THAT THERE ARE TIME LIMITS AND PROCEDURAL REQUIREMENTS FOR ASSERTING POTENTIAL CLAIMS.


  2. Sorry to hear about this. I suggest that you get ahold of Steve Levin in Chicago. He is a very good lawyer who handles this type of case. You will need to get all of the medical records from the facility as well as prior medical records. From the brief facts mentioned here it looks like you have something to go on.


  3. You and your mother should consult with an attorney that focuses his practice on nursing home abuse and neglect immediately. That attorney will provide direction to you and evaluate the case. Most attorneys that handle these types of cases offer free consultations and work on a contingency fee (they receive a percentage of the recovery).

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.


  4. Nursing home neglect is rampant. I have personally seen many cases where the facilities put profit ahead of care. Consequently, the facilities are often not staffed adequately. You have surmised that in order for your brother to have died, he would have had to be left alone for 5 or 6 hours. This is NOT acceptable.

    Please contact an attorney who has experience handling these types of cases.

    Best regards,

    Mario Palermo
    630-585-2320

    Please contact an attorney to


  5. Have a local nursing home abuse lawyer investigate


  6. I am sorry to hear for your loss. Many nursing home abuse attorneys will handle your claim on a contingency fee basis as well as offer a free legal consultation to go over your legal rights.

    For a wrongful death claim, it is always important to have an autopsy performed.

    *PLEASE READ THIS BEFORE YOU COMMENT, EMAIL OR CONTACT ME. I am only licensed in Washington. Answering this question does not create an attorney-client relationship. This answer does not constitute legal advice.

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