Can I sue the hospital for my uncle who has dementia; fell in his room; broke leg?

  • You can follow answers to this question by subscribing by e-mail or RSS
  • Share |
  •  

Answers (2)

 

Robert D. Kreisman

Answered On Dec 26, 2010
If your uncle is a "disabled person" under the law and not able to handle his own affairs, a guardian would have to be appointed by a court, on a petition to adjudicate a disable person, over his person to bring a lawsuit. This assumes your uncle made no written direction before he became ill to appoint an agent holding his power of attorney. The guardian appointed could then stand in the shoes of your uncle. In that case the guardian appointed could investigate with a lawyer whether or not a case were warranted with the facts. Consider also that a hospital would potentially be the defendant and therefore, the Illinois medical malpractice statute would most likely be applicable.
 

Burton A. Padove

Answered On Jul 13, 2011
If he has dementia, you will likely have to be appointed as his guardian. Whether you can sue the hospital would depend on whether his fall was in any way related to improper care or whether there was a defect in the room that caused the fall.