Tracheal obstruction was the cause of death as per the autopsy, the nursing home tried to make it look like a heart attack. He had been left alone in his room for 3 hours and 48 minutes on the weekend, when staff was very low.
A person who knows the deceased does not have the legal authority to file a wrongful death claim. An estate must be opened for the deceased and the administrator of the estate generally has the authority to then file such a claim.
If a case were filed claiming negligence or willful and wanton conduct by the party or parties who caused the death, then yes that would amount to a wrongful death claim and a separate count for a survival action if the decedent survived the injuries that caused the death for any length of time. In...Read more »
No. Wrongful death cases can only be brought by a limited class of people. It's possible depending on circumstances a negligence claim could be brought but under most circumstances that would not be a claim that could be brought either.
I would be interested in discussing the matter with you. From the limited amount of facts that you provided, I am not sure that I can give any kind of appropriate answer. And in fact left me with more questions. Please feel free to contact me at my office at 2:03. 870. 6700. Thank you
The clerk or prothonotary should be able to tell you. The complaint is farely straightforward. A Ct Bar Assn CLE coursebook on torts will probably have samples of both--look at them in the County law library.
My parents dont want to because they think we will not win, but I think there is a chance. She was dehydrated since march and they didn't notice and thought it was something else and has had to ho to the hospital after a week she went back to the nursing home and a week later she died.
Tell your parents if they contact a good attorney like Michael Koskoff and tell them I said to call they will at least get a free consultation. If he takes the case it means he thinks he can win, as he takes cases on the basis that he only gets paid if he can get money for the estate. They won't...Read more »
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