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In OHIO, Can a Nursing Home and Guardian refuse IV hydration to a seemingly incoherent patient, depriving the patient of basic medical care which caused their death by dehydration? Even though there was a Guardian can the family file a wrongful death and for loss of society law sued?

Attorney Answers 7

  1. Best answer

    It may very well depend on whether or not the patient had a living will and/or durable power of attorney for health care specifying that artificial nutrition and hydration be withheld under the circumstances.

  2. Consult a medical malpractice attorney to review the records and advise you.

    Call for a free consultation at 727-937-1400 or visit us on the Web at

  3. You can take your case information to a medical malpractice attorney for review. You can find one by AVVO search or in local ads.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

  4. Consult a nursing home abuse lawyer with the records and see if. You have a case,

  5. Was there a living will?

  6. This Is a complicated question, was there a DNI/DNR in place? Often times it is defended as being considered to be cruel to prolong life with IV's. I would consult with a local personal injury attorney who handles nursing home abuse and neglect cases. You can find one on AVVO.

    Good luck.

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  7. In Ohio, a nursing home can be held responsible for failing to administer appropriate care leading to the death of a loved one. The answer to your question depends in part upon the circumstances and the facts of what happened to cause the failure to give the IV hydration. The Guardian may also be held responsible, but again it depends upon the circumstances of what happened. To answer this question completely, the nursing home records need to be reviewed by a law firm that handles nursing home or medical negligence cases. The family can file a wrongful death claim for the loss of the loved one and for grief, however the family would need to go to Probate Court and have someone else from the family appointed as the Administrator/Administratrix of the Estate separate from the individual that was appointed as Guardian. This would have to be done so that the family would have the legal authority to investigate the case and to file a lawsuit.

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