Q: Can I pursue a legal claim for father’s death due to alleged negligence by his wife in Michigan?
I believe my father's wife was negligent in caring for him, leading to his death. My father, who suffered from dementia, was suspected of having a stroke by his wife, a former nurse. She called an ambulance, but claimed he refused to get on. Later, she said he fell and refused help to return to bed, and that he repeatedly hit his head on the floor while she and her daughter slept. They later called a second ambulance, but I question the validity of their account. Additionally, my father promised me certain belongings, which I never received. How should I proceed with a legal claim regarding potential negligence or my inheritance in this situation?
A:
Nothing you state raises huge red flags. People with dementia often act just as you describe and loved ones often can't intervene easily to avoid unpleasant outcomes. That said, if you question the veracity of these claims, my FIRST step would be to ask 9-1-1 for verification of the call for an ambulance. They will document if he refused transport, and whether or not they were called. If they match the claims, your case just got REALLY hard to prove.
That said, they MAY require a subpoena to release that information which you can get if you are the personal representative of the Estate, but that requires filing an estate with Probate in the county where he resided. That is not an inexpensive process and will lead to specific required expenditures and reporting to the Court, so I would STRONGLY urge you to consult with a local attorney before taking such steps to assess the costs, and more importantly to review 1) if there are financial damages such that filing an estate otherwise not needed is appropriate and 2) if your suspicions rise to the level of actual 'negligence' if true and whether or not they are a proximate cause of the death if they are AND FURTHER if you can prove the suspicions. Remember YOU would have the burden of proof so it is up to you to prove the case, and 'suspicions' aren't enough.
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