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Asker
Posted over 3 years ago.

Thank you very much. I was just wondering if it had made a difference if I had started a suit BEFORE my aunts death, since I had POA? I just would like to know because I was mistreated by my siblings while I was caring for my aunt; and now they are now trying to profit from my aunt's death by threatening to get a copy of the death certificate & filing suit themselves. The death certificate states "....due to sepsis from bedsores". Again, thank you

William B Palmertree
William B Palmertree, Bankruptcy Attorney - Hernando, MS
Posted over 3 years ago.

Well, if the malpractice action had been started before her death then neither you nor your siblings would have been entitled to anything until she had died. Once she died from the alleged malpractice the case became a wrongful death suit. The fact is you did not start the suit then and it really has no effect on your current situation. You also mention the cause of death noted in the death certificate. While that is helpful in determining whether you might have a claim, it doesn't really affect anything at trial as it is hearsay. You would need the testimony of the doctor who made this diagnosis to testify to it and also the cause of the condition placing fault on the nursing home. A competent attorney practicing in this area will be able to advise you on these issues.

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Asker
Posted over 3 years ago.

You were very helpful. Thank you.