Mantua, NJ asked in Elder Law, Health Care Law, Medical Malpractice and Wrongful Death for Pennsylvania

Q: My Father passed 1 year ago under terrible circumstances at a Tioga county nursing home. Can I file suit?

I have powerful video and paper evidence of his civil rights bieng extremely violated. I was told by NH staff he was deemed incompetent after he signed Medical proxy to me - in front of me , I have pictures - documents -video evidence to provide

I checked with courts - he was not deemed unfit- quite frankly he was lucid in between the morphine injections which they continued giving when he specifically asked them to stop! I also have him on video explaining need for them to stop injections - it took 21 days for my dad to pass! I am the 1st bio daughter of 4 and I am out of state. He has a spouse ( living in PA who was POA at the time of his incarceration at this Home. Is there anything I can do with the evidence I have to present to the state ? Which by the way was in no way any help to me through this stressful ordeal . I have proof of that as well ( Phone records to elder care - police asking for wellness checks -Veterans affairs etc - what do I do? I am ready to go to the media!

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Medical Malpractice Lawyer
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there because they aren't well enough to recover at home.

No media, social media, until you've spoken with an attorney or two. You can end up receiving some letters from attorneys for the nursing home otherwise.

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