Chicago, IL asked in Elder Law and Wrongful Death for California

Q: Would i be able to bring a suit against my step sister who not hiring the proper care for my dying father .

Father had a catheter due to peeing blood

Some kidney problems, she was the only one caregiver contacted ever !

My sister borrowed 6 thousand from my father at that time his care had to reduced from 3 to 2 days . I was unaware of so much I feel she deliberately alienated him because she did try to get will changed

So my question is can I sue her for wrongful death , I really Belive she aided in his death

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: Sorry for your loss. This is really not a "Family law" issue or "health care" issue unless your SS was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his heir, you may be entitled to the medical records regarding his death, for a fee, and to hire an MD to review them to see if there is any indication of Elder Abuse or denial of proper health care which could lead to a claim. IMO the facts that you describe will be difficult to prove (as the Plaintiff you have the burden of proof on everything) and there is the matter of collecting should you prevail on your claims, against your SS. A death of a patriarch like this often makes people act in ways that are contrary to their normal habits and to alienate members of a family. People can be this way due to the pain that they feel and a mistaken belief that they can relieve the pain if they can find someone to blame for the death. You could consult with an Elder Abuse Attorney in your area, or a Personal Injury attorney, or even a medical malpractice attorney.

Justia disclaimers below, incorporated herein.

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.