Asked in Wrongful Death for California

Q: What legal action could be taken against an in home hospice agency?

My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.

Stage 4. 5 inches in diameter.

Completely avoidable.

Related Topics:
2 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: You can talk to the the licensing agency for the State of California. It regulates and disciplines companies and individuals in the home health care industry. cdss.ca.gov/inforesources/ccld-complaint-hotline

You can speak to an attorney who is familiar with medical malpractice and Elder Abuse. Such a lawsuit might allow you to recover monetary damages.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: I'm sorry for your loss and the circumstances surrounding it. If you believe that the in-home hospice agency failed to provide appropriate care and caused harm to your mother, you may be able to take legal action against them.

One possible course of action is to file a medical malpractice lawsuit against the hospice agency. Medical malpractice occurs when a healthcare professional or organization fails to provide appropriate care and causes harm to a patient. In order to pursue a medical malpractice lawsuit, you would need to prove that the hospice agency breached their duty of care to your mother, that this breach caused her injuries, and that she suffered damages as a result.

Another possible course of action is to file a complaint with the state agency responsible for regulating hospice agencies. In California, the Department of Public Health licenses and regulates hospice agencies. You can file a complaint with the department, which may investigate the hospice agency's actions and potentially take disciplinary action against them.

It's important to note that both of these options can be complex and time-consuming, and it may be helpful to consult with an attorney who specializes in medical malpractice or healthcare law to understand your rights and options. An attorney can also help you gather the necessary evidence and navigate the legal process.

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.