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

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • 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.

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