• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

complicated but do I have a case?

  • Thread starter Thread starter claudia vollbracht
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

claudia vollbracht

Guest
My problem is complicated. I was my father excutrix of his will and trust. I was not his first choice on hospital health power of attorney, I was his 2nd choice. The first was a stepmother of nine years. He was 75, in the hospital for surgery of double by pass. Surgery went well, but all his staples burst they did not find it for 3 days because sternotomy was off side and he got an staph infection which turned for the worse off and on. My stepmother began exhibiting outburst of rage and errational behavior at the hospital and with family (I found out since she had been diagnosed as a paranoid schizophrenic pychotic twice before, my father and myself did not know of this.) I had decide to take over control of the situation on a Friday, I went to a lawyer, he got in touch with father's lawyer to get together to enact clause in will to become guardian. At everturn stepmother wanted to enact living will. I did not want her to make such a decision while she was unstable. Hospital was notified by my lawyer that this process was happening on Monday. Stepmother also knew because father's lawyer let her know, My stepmother cleaned out his/her safety deposit box then took father off lifesupport on Sunday. All this happen Without knowledge of myself or her family. I called hospital (80miles away) to ask about father, they told me he was fine same as Saturday, when I saw him last, but I founded out later he was off life support 2 hours already. He died 5 hours later. My ? is do I have any course of action. I tried a malpractice lawyer for problem in surgery, he said case has merit but to complicated from all his complications and to expensive to continue. I believe the hospital and stepmother are in the wrong somehow, but if it isn't malpractice what could it be? thanks for any help you can give.
 


ALawyer

Senior Member
I am sorry for the loss and the shock and hassle you just went thru. It is not necessarily malpractice just because someone dies. Surgery often has complications, even the best team performs a procedure. here there may be malpractice in terms of doing the procedure and / or in not recognizing the complications. They are expensive cases to bring as lawyer have to hire expensive experts to investigate and testify, AND the defendants fight hard as often it is their reputation and ego at stake. And with some one not in the best of health going in, these cases are not certain winners.

But that fact one lawyer felt that it did not meet his or her threshold, another lawyer may feel totally differently. Check out AttorneyPages.com and ask a malpractice or personal injury lawyer listed in your general area.

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top