Asked in Wrongful Death for Georgia

Q: can my stepmother be held reliable for not giving my father the medication "blood thinners" that prescribed to him?

My daddy was preparing to have surgy when my stepmother quit giving him his medication without asking the doctor weeks before his surgery then daddy died from a blood clot during surgery. My stepmother gained a lot from his death plus 675,000 in life insurance.

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1 Lawyer Answer
Tristan Blain Morrison
Tristan Blain Morrison
  • Alpharetta, GA
  • Licensed in Georgia

A: First off, I'm sure that I speak for everyone when I say that I'm sorry for your loss. The death of a parent is a difficult thing, even without the possibility that another loved one may have caused it. That said, you have asked a complex question that is masquerading as a simple one. The question, in simplest terms, is whether your stepmother can be held accountable for not giving your dad medication. However, within that simple question are several other hidden ones which would determine whether you can bring a claim for wrongful death. First, any claim for negligence involves 4 elements: (1) a duty which is (2) breached (3) causing (4) harm. Without all 4 elements being satisfied, arguably no claim arises. Did your stepmother have a duty to give your dad medication? Did she give him the medication, but the incorrect dosage? Was he competent to take his own medication? Was he in a medical facility which had a duty to give him medication? Did the lack of medication actually cause his death, or would he have died either way? These are just a few of the questions that need to be answered, and these are the questions you may wish to review with a qualified, experienced, personal injury attorney. Only after going through these questions can one determine whether a legal cause of action is viable, so I would encourage you to reach out to an attorney if you believe that your stepmother profited through foul play or true neglect. I wish you the best of luck.

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