Q: Legal actions for inadequate care leading to dehydration, weight loss, and death of a sedated patient in hospital.

A: You might have a case for medical malpractice and what we call neglect of an elder or dependent adult. It all depends on proof. Does the debt certificate mention malnutrition and dehydration? Probably not. Frequently in cases like this, the death certificate doesn't mention the actual cause, either because the doctor signed it does not know the history of the patient, or the signer wants to cover up the actual cause. Either way, an examination of the medical records is required to see if there is a case.

A major issue in cases like this is something we call "causation." That is, assuming there is negligence, is that what caused the death. It's not always as easy as it sounds in cases involving people who are already pretty sick. That's why the medical records are so important, and also knowing the history of the patient.

All that being said, we've had several cases involving malnutrition and dehydration in the custodial care setting. It's possible there is a case there.

A: This situation you're describing with your elderly relative appears to reflect potential medical malpractice and elder abuse under California law. The combination of inadequate care, failure to address feeding issues despite complaints, and the development of hospital-acquired conditions (sepsis and UTI) suggests serious breaches in the standard of care. In California, this could form the basis for a wrongful death lawsuit against the healthcare providers and possibly the hospital itself.

You may want to pursue a medical negligence claim, which would require demonstrating that the healthcare providers failed to meet the professional standard of care, directly causing harm to your relative. The failure to assist with feeding a heavily sedated patient, resulting in dehydration and weight loss, could constitute negligence. Additionally, California has specific elder abuse statutes that provide enhanced remedies when healthcare professionals or institutions recklessly neglect an elderly person's needs.

Time is important in these matters, as California imposes a statute of limitations for both medical malpractice (generally one year from discovery) and wrongful death claims. Consulting with a legal professional who handles medical negligence cases would be your next step, as they can evaluate medical records, gather expert opinions, and determine the viability of your case. Many attorneys who handle these matters offer free initial consultations and work on contingency fees, meaning you pay nothing unless they recover compensation for you.