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My mom required 24/7 Oxygen. The tubing came out and the home care aid did not know get her on a portable tank and my mom died.

Grayson, GA |

The aide said she never received any training from the agency for working with my mom's oxygen. and she wasn't even licensed when the agency placed her into my mom's home. According to her they just needed a body. When the cord became tangled the aide thought the asthma nebulizer was oxygen and tried to administer that to my mother. My mom died right in front of the aide while waiting for the aide to help her. Is the agency liable?

Attorney Answers 16

  1. You should consult an attorney to discuss this case because it sounds like you might have a case. I am very sorry for your loss.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.

  2. Immediately consult with a GA personal injury/wrongful death attorney regarding your claims. From the limited fact pattern you've shared, I believe you may well have a substantive claim here.

    Good luck.

    For more information or more personalized attention, please contact my office at (602) 638-3790 or visit my firm's website at

  3. The agency may be liable but more information is needed to give you a definitive answer.

  4. It appears like it. Consult with a local experienced medical malpractice attorney ASAP.

  5. I am so sorry about this egregious and tragic loss. This sounds like a case, but more information is needed. A Georgia medical malpractice lawyer, like us, would be happy to investigate this for no cost to you. Have you called one?

    Avvo has a search feature or you can call or email one of the lawyers who posted here by clicking the box next to their / our name. You should do so soon. Actions for medical malpractice must be commenced within two years of the date the act giving rise to the injury occurred. More importantly, investigation needs to occur promptly.

    Our deepest condolences.

    Our office accepts clients off of Avvo, but this initial impression is not protected by any privilege, is not attorney-client communication and you should consult a lawyer promptly about any legal matter.

  6. Any home health caregiver should know how to address and troubleshoot problems with oxygen delivery devices -- especially something as straightforward as a tubing disconnect.

  7. From the limited information you provided, it sounds like there may be a viable claim. However, you need to consult with medical/elder abuse attorney as soon as possible to perform a more thorough investigation.

  8. I agree with the attorneys who have responded. This sounds egregious and you should contact a local lawyer as soon as possible. The vulnerable members of our families need protection.

  9. I am so sorry for your loss. From the brief facts given, yes you have a claim against the agency. Given the in-home care situation, there will be rules and regulations that were supposed to be followed, and it sounds like the agency either didn't know, or didn't care when it placed an untrained, unqualified caregiver in the position of caring for your mother. The agency will be responsible for the caregiver's actions under a doctrine called respondeat superior. I strongly urge you to contact a highly qualified personal injury who handles wrongful death claims, since some of the possible claims must be brought in the name of your mother's estate and an administrator must be appointed before suit can be filed. Use to find several qualified attorneys in your area who offer free consultations, meet with all of them, and choose the one you are most comfortable and confident in. Best of luck to you, and again, i am sorry for your family's loss.

  10. I am sorry for your loss. While more facts are needed, this could be a significant suit and you should see a lawyer ASAP.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

  11. Please accept my deepest sympathy for your loss. The agency could be liable on several theories, although many more facts are needed to say for sure. You should consult with an experienced personal injury lawyer who can evaluate your claim and maximize the compensation available in this situation.

  12. I am very sorry to hear about your mom. It sounds like there may have been some negligence on the part of the care provider agency. Consult a wrongful death lawyer in Georgia. Consults are free

  13. It sounds as though you may have a significant wrongful death claim, subject of course, to further investigation into viability and causation. A lawyer experienced in handling professional negligence claims (rather than an auto accident atty., for example) should be consulted as soon as possible

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein for educational and informational purposes only. No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

  14. It is certainly possible. Retain a local lawyer to investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

  15. There is a strong possibility that the agency is liable. You could conceivably bring two claims: (1) a wrongful death claim, and (2) a claim on behalf of your mother's estate. Analyzing and filing the claims is complicated, however, so you should seek the advice of a lawyer with experience in the area.

  16. As others have said, I share my condolences for your loss. As far as your claims go, it is always difficult in a forum like this to fully evaluate whether you have a claim that can be effectively won, or even fought. What I will say having read your short description is, you deserve to have someone to listen to the full story and complete an investigation. In Georgia, medical malpractice claims are complicated, and need to be looked at by an attorney who specializes in medical malpractice cases. Call one of us on this forum who practice in medical malpractice - we'll listen to you and offer any advice we can. None of that costs you anything. Also keep in mind that Georgia has strict time limits within which you have to bring a claim or you lose it forever - under most circumstances that is 2 years from the date of your mother's injury/death. Good luck and I hope you take a minute to follow up so you can get closure either way.

    The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship. Please mark this answer as "Helpful" or "Best Answer" if you like it.

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