My mother in law was sent to my home for hospice care. She arrived before any of the medical equipment did so she had to wait in the ambulance until the equipment got there and was set up.
There was no hospice rep. There to explain what is supposed to go on and the particulars on how to handle situations. We called and called everyone and no response mean while her health started to get worse and worse the next morning we called everyone again no response later on that day she was vomiting blood so we called 911 and she was pronounced DOA at the hospital. My wife witnessed the whole thing and was traumatized by the situation and we would like to know if we could take legal action against all involved.
This is so tragic. I am sorry that you and your wife had to experience this. The type of attorney you need is a medical malpractice attorney. Most really good medical malpractice attorneys are board certified in personal injury trial law and receive accolades such as Texas Super Lawyer. As well, you can look to Avvo's ratings for guidance. Most Texas medical malpractice attorneys practice statewide, so you do not necessarily need a Houston attorney. It seems that there may have been an error or miscommunication in the orders which were written or should have been written, or there was an error in transmitting the orders. Your mother -in-law's life expectancy were it not for the issue with hospice will certainly be an issue. However, the extreme emotional anguish this "mix-up" caused is alarming. Hospice is for people who want to die at home with dignity. It seems she was robbed of this.
The answer provided is for general informational purposes only. The attorney's response to this question does not create an attorney client relationship and none should be inferred. Further, the answer provided does not constitute legal advise or guidance.
This could well be medical malpractice (which is medical negligence). Get local malpractice counsel involved to arrange for an expert review of the medical records to determine if the standard if care was violated and caused her passing which would be sufficient enough to warrant the great expense of a malpractice action.
I would suggest you contact members of the texas Trial Lawyers Association who handle malpractice issues. They give free consuultaitions. Don't be shocked if they tell you "it's not worth bringing." Understand, that they are risking tens of thousands of dollars it costs to bring what you may feel is an "open and shut" case. Go through bills submitted to your mom's medicare. See is a hospice service or other provider submitted bills for the hospice care your mom never got.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline