Skip to main content

NURSING HOME REFUSED IV DEATH BY DEHYDRATION….

Cincinnati, OH |
Filed under: Wrongful death

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

Posted

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.

Mark as helpful

6 lawyers agree

3 comments

Asker

Posted

No Durable Power of Attorney for Health care specifying that artificial nutrition and hydration be withheld. She only h ad a Guardian.

John Maurice Holcomb

John Maurice Holcomb

Posted

OK, then the next question is whether or not a guardian is empowered to withhold artificially-supplied nutrition and hydration. I do not know the answer to this, but it should be a simple point to rersearch.

Asker

Posted

Yes the guardian has rights to health related care over the seemingly incoherent patient. However, when the patient left the hospital who provided the artificial feeding assistance IV, does the nursing home have a duty to continue is method, if the patient is unable to be feed, is this just part of basic care? I am not sure if the guardian requested the IV not be continued, however can anyone make this kind of decision, which would lead the patient to die?

Posted

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 www.serviceandjustice.com.

Mark as helpful

1 found this helpful

7 lawyers agree

Posted

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.

Mark as helpful

1 found this helpful

5 lawyers agree

Posted

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

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

Was there a living will?

Mark as helpful

4 lawyers agree

1 comment

Asker

Posted

Thank you and their is No living will.

Posted

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.

AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

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.

Mark as helpful

1 lawyer agrees

1 comment

Asker

Posted

The guardian terminated Guardianship, is the Guardianship of the sibling still required to proceed to investigate the case?

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics