Calumet City, IL asked in Civil Litigation, Contracts, Health Care Law and Wrongful Death for Illinois

Q: My mom passed away in a hospital and the day before, the hospital claimed she signed a DNR paper but I was her POA.

Wasn't I suppose to be informed? Can I sue for neglence if they felt like they did all they could do for my mother? I ordered a complete record of her file and the DNR paper is not there or my power of attorney papers not there neither. Do I have a case?

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered

A: Unless they did something wrong, not necessarily. Many people give a power of attorney to others "just in case." that doesn't mean that whoever deals with them has to ask the person holding the POA if the person who gave it is right in front of them and looks to be in an understanding state of mind.I suggest youi contact a member of the Illinois Trial Lawyers Association

--they give free consultations.

Robert D. Kreisman
Robert D. Kreisman
PREMIUM
Answered
  • Chicago, IL
  • Licensed in Illinois

A: Whether you have a case or not depends on whether the failure to provide resuscitation efforts at the end would have made any difference if you had interceded with the POA. It is not possible to provide a definitive answer to your question without knowing about all of the medical/hospital issues that were present at the time of your mother's passing. I'm sorry for your loss.

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