Q: Mom is 96 years old and has dementia. In 2018 or 2019 she had a heart attack.
She has a directive stating do not revive. This failed to happen. Quality of life has been very bad since then. The memory care facility she was living in failed to include the directive when she went to the emergency room.
Question, do we have a case?
A:
In my opinion it is unlikely that you would have a legal case against either the care facility or the hospital. But to be sure you should consult with a personal injury attorney.
Be sure that the care facility has a copy of your mother's Advance Directive on file, give a copy to her medical insurance company and keep a copy with you so you can present it to the ER in the future.
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