Q: Can I sue the hospital for my uncle who has dementia; fell in his room; broke leg?
A: 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.
A: 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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
