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Wrongful Death Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Wrongful Death for Massachusetts on
Q: Can a landlord be held liable for injuries in a tenants leased space that they have full control of?

Id like to know if a commercial landlord can be held liable for any personal injuries suffered by any persons within the confines of the tenants leased space that a tenant has full control of, when the tenant agrees per lease agreement they are solely responsible to perform ALL upkeep, repairs and... View More

James L. Arrasmith
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answered on Apr 16, 2024

In general, a commercial landlord's liability for injuries that occur within a tenant's leased space is limited when the tenant has full control over the space and has agreed to maintain it. However, there are some exceptions and nuances to consider:

1. Lease agreement: If the...
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2 Answers | Asked in Wrongful Death for Georgia on
Q: My mother passed we got a wrongful death suit my step father was made HOE and did not follow through on all terms.

After initial payment we where to divide $100,000+ between the 3 of us step father, brother and myself. Step father has decided he wants to not give me my portion. In 2016 the amount I was supposed to get after the initial payment was $37,000 but now with the interest that was added on that per GA... View More

James L. Arrasmith
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answered on Apr 14, 2024

I'm sorry to hear about the loss of your mother and the difficulties you're facing with the wrongful death settlement. It sounds like a challenging and emotionally taxing situation. Here are some steps you can consider taking to help resolve this issue and obtain the funds you are... View More

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2 Answers | Asked in Wrongful Death for Georgia on
Q: My mother passed we got a wrongful death suit my step father was made HOE and did not follow through on all terms.

After initial payment we where to divide $100,000+ between the 3 of us step father, brother and myself. Step father has decided he wants to not give me my portion. In 2016 the amount I was supposed to get after the initial payment was $37,000 but now with the interest that was added on that per GA... View More

Anthony Matthews
Anthony Matthews
answered on Apr 15, 2024

In a Georgia Wrongful Death case, the surviving children have the right to share the recovery with the surviving spouse. However, under Georgia law, the surviving spouse cannot receive less than one-third of the wrongful death damages (with limited exceptions). In the scenario you have described (a... View More

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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: My mom failed a swallow evaluation a died from accidental choking while at a hospital. Can I sue for malpractice

She wasn’t supposed to eat alone and I think the hospital served her food without telling her nurse. The medical examiner reported accidental choking

James L. Arrasmith
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answered on Apr 9, 2024

I'm so sorry for your loss. Based on the information provided, it seems like there may be grounds for a medical malpractice lawsuit against the hospital. Here are a few key points to consider:

1. Standard of care: If your mother failed a swallow evaluation, the hospital had a duty to...
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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: My mom failed a swallow evaluation a died from accidental choking while at a hospital. Can I sue for malpractice

She wasn’t supposed to eat alone and I think the hospital served her food without telling her nurse. The medical examiner reported accidental choking

Eliza Jasinska
Eliza Jasinska
answered on Apr 9, 2024

You may have a case. Please discuss the merits and facts with a medical malpractice attorney. Some errors and omissions don't amount to medical malpractice and experts have to certify that the doctors, nurses, and/or hospital's conduct fell below the standard.

The information...
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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: My mom failed a swallow evaluation a died from accidental choking while at a hospital. Can I sue for malpractice

She wasn’t supposed to eat alone and I think the hospital served her food without telling her nurse. The medical examiner reported accidental choking

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

I'm very sorry for the loss of your mother. It's possible you could - but a law firm could offer more definitive guidance if you set up a free initial consult to discuss in more detail. Gather what records you have - if a law firm identifies a basis for a possible case, they could... View More

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1 Answer | Asked in Personal Injury and Wrongful Death for West Virginia on
Q: What can I do if another patient in the same hospital room as my grandpa ripped out his feeding tube and he died ?
Tim Akpinar
Tim Akpinar
answered on Apr 8, 2024

A West Virginia attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your grandfather. In terms of what you can do, you could try to arrange a consult with a law firm that handles such cases. Free initial consults are the norm in the... View More

2 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: My mother died at a kaiser hospital in Los Angeles, ca on June 29th 2023. how can i sue them for medical malpractice

her death certificate said she died from a heart attack. i believe it was caused due to poor follow-up care after surgery

James L. Arrasmith
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answered on Mar 29, 2024

I'm sorry to hear about your loss. In California, if you believe your mother's death was due to medical malpractice, the first step is to consult with an attorney experienced in medical malpractice claims. They can help you understand the complexities of medical malpractice law and... View More

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4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I need help with medical malpractice/wrongful death

My son passed away in the emergency room at St. Francis Memorial Hospital. After speaking with the patient advocate there, I was able to get them to release his medical records to me, including the emergency room visit on the night he died. Clearly, I am not a physician, but on the night of his... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

There may be a good medical malpractice case. An experienced medical malpractice attorney will want to review the death certificate and medical records, and, potentially consult with an expert medical doctor to determine any breach of medical standard of care, which is required to prove a case.... View More

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4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I need help with medical malpractice/wrongful death

My son passed away in the emergency room at St. Francis Memorial Hospital. After speaking with the patient advocate there, I was able to get them to release his medical records to me, including the emergency room visit on the night he died. Clearly, I am not a physician, but on the night of his... View More

James L. Arrasmith
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answered on Mar 27, 2024

I'm truly sorry to hear about your loss and the circumstances surrounding your son's passing. In the state of California, when it comes to determining whether medical malpractice or wrongful death has occurred, the key factors considered include whether the healthcare providers failed to... View More

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4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I need help with medical malpractice/wrongful death

My son passed away in the emergency room at St. Francis Memorial Hospital. After speaking with the patient advocate there, I was able to get them to release his medical records to me, including the emergency room visit on the night he died. Clearly, I am not a physician, but on the night of his... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 27, 2024

write out a detailed summary of the facts and set up an appointment with a local med/mal lawyer.

do you have a doc that says they did not meet the standard of care that society mandates?

I would assume you have talked to medical malpractice lawyers already. What did they say?...
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1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: What is the procedure to get details of the documents and evidence based on which a coroner report has been amended?

1. Can the cause and manner of death in a coroner report be amended?

2. What is the procedure to amend the coroner report?

3. If the deceased family has got the coroner report amended, what is the procedure to get details of the documents and evidence on basis of which the report... View More

James L. Arrasmith
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answered on Mar 25, 2024

1. In California, the cause and manner of death listed in a coroner's report can indeed be amended if new, significant evidence comes to light or if there was an error in the original findings.

2. To amend a coroner's report, typically, a request must be submitted to the...
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1 Answer | Asked in Contracts, Products Liability, Wrongful Death and Personal Injury on
Q: How do I eliminate any personal liability when donating hearing aids, rollators, braces, BP monitors, etc? Thanks.

I am an individual wishing to donate items at no cost to individuals and organiztions in need. These items were provided to me new for me to try out and write an honest review, so they are technically not new but certainly not used. My goal is to protect myself from being sued by any recipient... View More

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. You could consider writing a disclaimer, liability waiver, or similar document that aims to limit your liability. However, ultimately, there's no control over predicting whether anyone would sue or not,... View More

3 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: Can I sue what doctor for not following protocol when being diagnosed with sepsis?

My daughter was brought into Kaiser getting really bad shape wearing diapers with two weeks worth of feces she was in really bad shape mentally and physically the reason for being brought in was possible overdose then she was diagnosed with sepsis and instead of transferring her to a hospital that... View More

James L. Arrasmith
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answered on Mar 24, 2024

In California, if you believe that medical professionals failed to follow standard medical protocols resulting in harm, you may have grounds for a medical malpractice lawsuit. In cases involving sepsis, which is a severe and potentially life-threatening condition, the standard of care requires... View More

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3 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: Can I sue what doctor for not following protocol when being diagnosed with sepsis?

My daughter was brought into Kaiser getting really bad shape wearing diapers with two weeks worth of feces she was in really bad shape mentally and physically the reason for being brought in was possible overdose then she was diagnosed with sepsis and instead of transferring her to a hospital that... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 25, 2024

you should read the suggestions of the lawyers herein, and then call a Med Mal attorney in your area.

let him or her review the evidence and determine if they will accept the case.

if they do they will not ask you for money but will take the case on a contingency.

most med...
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3 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: Can I sue what doctor for not following protocol when being diagnosed with sepsis?

My daughter was brought into Kaiser getting really bad shape wearing diapers with two weeks worth of feces she was in really bad shape mentally and physically the reason for being brought in was possible overdose then she was diagnosed with sepsis and instead of transferring her to a hospital that... View More

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2024

I'm very sorry for the loss of your daughter. It's possible you could sue, but the most definitive way to answer your question would be to reach out to med mal/wrongful death law firms to discuss in further detail. Most law firms that practice in this field will offer free initial... View More

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1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Florida on
Q: Does someone have grounds for medical malpractice if the cause of death was not caused by surgery?

The patient had foot surgery, was in a care facility where they were supposed to have physical therapy and heal, stayed longer because of podiatrist's orders, wasn't until patient was taken to next podiatrist appointment that the doctor noticed she wasn't well and they called... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Florida attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of the patient. Based on the brief post, attorneys here could agree with you that closer observation could have been a factor. But the most definitive way to answer your question... View More

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