My mother died in the hospital she was found in the bathroom of her room can I sue the hospital?

Asked over 1 year ago - Aurora, IL

It has been a year this coming christmas she was in the hospital for her foot only she was found in the bathroom floor of her room.

Attorney answers (7)

  1. Alan James Brinkmeier

    Contributor Level 20

    3

    Lawyers agree

    Answered . I am sorry for your loss.

    To prove a wrongful death medical malpractice lawsuit there must be evidence that the care given dipped below the accepted standard.

    In your post, there is no such information.

    If you believe there was negligence by the care providers, see a local lawyer. You have two years from the date to file a lawsuit.

  2. Judy A. Goldstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . I am sorry for your loss.

    Far too little information has been furnished to provide any sort of guess. There is no indication what happened or why your mother was found in her bathroom. You should take all your information to an attorney who can better assess the situation and decide whether you have a case. Medical malpractice and negligence cases are very expensive and often take years to complete.

  3. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Unless there was some "fall risk" data in her chart, I don't see how this falls below the standard of care.

    Probably not a case, but I suggest you contact a malpractice lawyer to review your options.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  4. Daniel G. Galivan

    Contributor Level 17

    1

    Lawyer agrees

    Answered . First, my sincerest sympathy for the loss you have suffered. Whether there is a medical negligence claim to be pursued in connection with your mother's death will depend upon a number of facts not set forth in your question; chief among those involves the cause of death. Was there a post-mortem exmaination to determine the cause of death? Be advised that Illinois law requires that any medical malpractice claim be filed within two years as a general rule. The law also requires certification by a medical expert that the standard of care was breached. Securing the necessary information is often time-consuming so any further delay in having an attorney on the case can be very detrimental to any potential cliams you may have. You should immediately arrange a consultation with an experienced perosnal injury/medical negligence attorney. If there is a valid cliam, the case will be handled on a contingency-fee basis; meaning there is no attorney fee unless and until a recovery is made. I would strongly urge you to seek counsel right away. Most of us will provide a free consultation. www.galivanlaw.net

  5. Andrew Jacob Reeves

    Contributor Level 4

    1

    Lawyer agrees

    Answered . Call a medical malpractice attorney in Illinois. They will be able to ask you pointed questions to determine whether you have a claim against the hospital or the nursing staff. If they think you may, they will have you sign a contract and HIPPA authorizations. They will then receive your mother's medical records. After a thorough review, they can then tell you whether they think you have a strong enough case to proceed. There really is no other way to do it.

    Disclaimer: Nothing in this message creates an attorney client relationship absent a retainer agreement with this... more
  6. Guy Irvin Wade III

    Contributor Level 14

    2

    Lawyers agree

    Answered . Sorry for your loss. It is not clear from your description what role the hospital played in her death. You will need to establish that the hospital breached a standard of care in addition to other things. Search for a medical malpractice lawyer in your geographic area on google with whom you can consult. Or you can search here on AVVO. You will find many fine options to choose from. Good luck to you.

    I am not your lawyer and an answer on AVVO is not intended as legal advice but is provided for general... more
  7. Lisa Michelle Esser

    Contributor Level 9

    2

    Lawyers agree

    Answered . Was a autopsy done? More information is needed to answer your question.

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