Rapid City, SD asked in Elder Law, Medical Malpractice and Nursing Home Abuse for South Dakota

Q: Do I have Grounds to sue

So I went to the nursing home where my grandma was staying cause my mom got a call from the hospital saying my grandma was in the hospital and she needed her c-pap machine so I drove to Mitchell SD and got to firesteel and they told me they couldn't find it that her room was empty and that they couldn't find anything so they gave me one machine she had s I drove to the hospital In Sioux Falls SD and they told me that firesteel had given me an oxygen machine so it wasn't even the machine I needed and they didn't even send her with her phone she has no way of contacting anyone and firesteel should be help responsible for 'misplacing" or "losing' all her belongings and losing her machine

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A South Dakota attorney could answer best, but your question remains open for two weeks. Some things aren't fully clear from the description, but the bottom line seems to be that you had a real ordeal and runaround in trying to arrange an oxygen machine for your grandmother, and to compound the matter, her possessions were lost in the process. I hope your grandmother is okay now. If between these entities and vendors a machine was eventually arranged for her, there might not be much to be gained. It sounds like bad coordination, but in terms of suing, if everything is okay now, it might not be worth your trouble. Lost property claims with the elderly are also difficult in moving patients around - it's usually a mess. You could speak with South Dakota attorneys to get their perspectives on the matter - that could answer your question the best. Good luck

Tim Akpinar

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