Did they health care worker work for any agency? That agency and the worker could be liable for neglect. The hospitals records would have to be reviewed to determine if they did anything wrong once the woman gor there.
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Your question relates to wrongful death due to medical malpractice. You may get more responses in an area of Avvo other than probate.
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The agency is the target of your claim. I have handled very similar claims here in Broward County, FL.
Samuel A. Coffey, Esq. ABRAMOWITZ, POMERANTZ & COFFEY, P.A. Belle Terre of Sunrise, Suite 101 7800 W. Oakland Park Boulevard Sunrise, FL 33351 Phone: (954) 572-7200 Fax: (954) 748-6488 www.floridainjurylawyers.com Legal Disclaimer: If this information has been helpful, please indicate below. Sam Coffey is licensed to practice law in Florida. This response is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Coffey strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
There are a lot of issues and questions of what happened. Just leaving a patient in a wheelchair is not going to lead to death 5 days later. It does sound like you should get a local attorney to look at the records to try to determine what happened. Based on your fact pattern, it is a mystery. Discuss with one of the attorneys in FL who have answered your question and maybe they can help you after reviewing all of the records to see if they can figure out what led to her death.
From the limited facts there may be a causal relationship between the fall, subsequent altered mental state and death 5 days later. The first question I would want to know is what was the medical determination, if any, regarding the cause of death? Head trauma?
Assuming a connection can be made between the fall and cause of death, the issue regarding whether the health care provider failed to act in a reasonably prudent manner based on the circumstances would have to be scrutinized. In addition, is there a statement in the woman's chart/record noting the fall and if so, who witnessed the fall?
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. For specific advice about your particular situation, consult your own attorney or if you do not have an attorney, consult with an attorney.
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