San Francisco, CA asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for California

Q: What are my rights if my mom passed away due to Skilled Nursing Facility Neglect?

They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete the form upon admission. I'll never know if my mom would still be here or not had they at least tried.

4 Lawyer Answers

A: You have a right to sue for Wrongful Death / Elder Abuse. You will need an Elder Abuse attorney to pursue the claim for full value.

Randall R. Walton
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Answered

A: I'm sorry for your loss. Yes, the way to evaluate whether or not you have a viable case for neglect is to have it reviewed by a lawyer with experience in those cases. Even though there may be an issue around the POLST, it doesn't automatically mean the case is viable. The actual cause of death it's going to be very important in the analysis, so if the death was recent, it's always a good idea to talk to a lawyer as soon as possible. Best of luck to you.

A: I'm sorry for your loss. Attorneys who handle such cases generally offer free initial consults. If a law firm believed you had the basis for a case, they could retrieve the file and review with a medical professional. Good luck

James L. Arrasmith
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Answered

A: I'm sorry for your loss. If you believe your mother passed away due to neglect at a skilled nursing facility, you may have legal rights and options. These could include filing a wrongful death or medical malpractice claim against the facility. It's important to consult with a lawyer who specializes in these areas to discuss your case and explore your legal options. They can provide personalized advice based on the specific details of your situation and the laws in your jurisdiction.

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