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.

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2 Lawyer Answers
William John Light
William John Light
  • 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.

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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

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