Nursing Home Negligence - Two issues: nursing home negligence and wrongful death at hospital

Asked about 2 years ago - Richmond, VA

Atty has sufficient evidence for suit against the hospital. Do I have to wait until that suit is resolved before seeking a second opinion from another firm about the nursing home neglience? They will not proceed with the nursing home negligence because it will be hard to prove that my son would have survived even if the facility had properly used the AED. The AED was used improperly (not defective), nursing home states they do not have an AED and never did which is inconsistent with the ambulance report. I believe that they are denying having one to conceal liability. Medical records do not show that they used an AED, but EMS report states that when they arrived he was attached to an AED, but pads were not on properly, no shocks prior to EMS arrival, EMS used the same AED to shock.

Attorney answers (5)

  1. Stephen Alan Sauer

    Contributor Level 16

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    Answered . You can talk to another lawyer about a second opinion at any time. Just be sure and advise them that you have a lawyer handling the suit against the hospital and only want representation against the nursing home. I suggest you meet with the 2nd opinion lawyer ASAP as there are strict deadlines called Statute of Limitations that can prevent you from filing a claim or suing the nursing home if that time has passed. Be aware that it could complicate your first lawsuit if you file the 2nd as the courts would likely combine the two for judicial economy as they arise out of a similar set of facts. A 2nd suit could delay the first.

    Nothing in this communication should be construed as creating an attorney-client relationship. I provide this... more
  2. Benjamin Weaver Glass III

    Contributor Level 14

    Answered . You can consult with another firm. Advise your current attorney.

    I've got a free e book on malpractice claims that you can download. Make sure all attorneys know all of the facts

  3. Lawrence A Friedman

    Contributor Level 18

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    Answered . Personal injury claims are subject to strict statutes of limitation. Thus, if you wait too long to bring a suit, it can be time barred. In addition, depending on circumstances and state law, you may need to bring the nursing home claim in the same suit as the hospital claim. If you believe that you have a claim for negligence you should consult potential counsel as soon as possible to determine if it its worth pursuing. However, it seems unlikely that you would be best served by working with two different firms on similar claims. I would think that you should work with one firm on all the claims. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law.

  4. Keith G Langer

    Pro

    Contributor Level 19

    Answered . As noted, you should not wait, lest your claim be barred by the statute of limitations.

    Medmal cases are complex. If you wish a second opinion, contact the VA and Richmond bar associations for referrals.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.
  5. Michel C. Daisley

    Contributor Level 10

    Answered . Like the other attorneys have rightly stated, you certainly have the right to seek another opinion. I would also recommend that you let your present attorney know of your intention to do this. I don't know nearly enough about your case, but it sees that you don't want different attorneys working on different claims related to the same situation and going in different directions. Check around Avvo. Check websites. Call the bar association. Get some good referrals. Good luck.

    MIKE DAISLEY is a licensed attorney in the State of NORTH CAROLINA. The response herein is NOT formal legal advice... more

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