End of Life: To die scared and alone

[Drewandlin]

What is the name of your state? What is the name of your state? Nevada. ( Am not sure where to post so am going to try Malpractice, & Civil Rights ) This is still very difficult, but here I go. My wife had Lung Cancer, 4th stage, and was not expected to live much longer. On 8/10/2020 she was admitted to UMC Hospital ( I had called the Paramedics because she was conscious but almost totally unresponsive to me ) I was flatly refused permission to ride with her. I'll try to brief this. She was quickly diagnosed Covid-19 positive and denied any visitation under a blanket policy. ( Oh yeah, she was documented mentally ill.) For 3 days me and her daughter's were told that the Corona Virus didn't seem to be affecting her and was flatly denied visitors 'NO EXCEPTIONS!' On 08/14/2020 I was informed that she had died early in the morning from complications from her lung cancer. Her daughters were both told the same thing separately and that the corona-virus hadn't seemed to play a part. I cannot think of anything in heaven or on Earth that would be more agonizing than the last four days of Deanna Souza's life. There's more, but as of there does anybody think I have even a snow balls chance of pursuing some sort of legal action on my, and/or, my late wife's behalf?? Or would I be banging my head against a wall to even try?? My Deanna should not have had to die scared and alone, and it's really eating me.

 

[Just Blue]

What is the name of your state? What is the name of your state? Nevada. ( Am not sure where to post so am going to try Malpractice, & Civil Rights ) This is still very difficult, but here I go. My wife had Lung Cancer, 4th stage, and was not expected to live much longer. On 8/10/2020 she was admitted to UMC Hospital ( I had called the Paramedics because she was conscious but almost totally unresponsive to me ) I was flatly refused permission to ride with her. I'll try to brief this. She was quickly diagnosed Covid-19 positive and denied any visitation under a blanket policy. ( Oh yeah, she was documented mentally ill.) For 3 days me and her daughter's were told that the Corona Virus didn't seem to be affecting her and was flatly denied visitors 'NO EXCEPTIONS!' On 08/14/2020 I was informed that she had died early in the morning from complications from her lung cancer. Her daughters were both told the same thing separately and that the corona-virus hadn't seemed to play a part. I cannot think of anything in heaven or on Earth that would be more agonizing than the last four days of Deanna Souza's life. There's more, but as of there does anybody think I have even a snow balls chance of pursuing some sort of legal action on my, and/or, my late wife's behalf?? Or would I be banging my head against a wall to even try?? My Deanna should not have had to die scared and alone, and it's really eating me.

I am so sorry for your loss and the horrible and tragic circumstances surrounding your wife's death.

I truly doubt that the hospital did anything wrong. You can try consulting with a Med/Mal Attorney, and likely should, if for no other reason than hearing from a legal professional that the hospital did what was mandated due to the pandemic. As heartbreaking as it was, if they allowed you in they would have been placing other patients and personal at further risk. You, as well, would have been placed at risk for contracting COVID along with anyone you came into contact with.

My sister passed from cancer late last year and I wasn't able to be with her due to COVID restrictions, so I do know how painful this is.

Here is a link to the NV Bar Association to get attorney referrals:https://nvbar.org/

 

[not2cleverRed]

I am sorry for your loss.

No, this is not malpractice, nor is it legally actionable. Due to COVID restrictions many have died "scared and alone". Or at least alone.

 

[Taxing Matters]

There's more, but as of there does anybody think I have even a snow balls chance of pursuing some sort of legal action on my, and/or, my late wife's behalf?? Or would I be banging my head against a wall to even try?? My Deanna should not have had to die scared and alone, and it's really eating me.

You may want to consult a medical malpractice attorney to review all the records and see if there might be something to pursue since I don't have access to all the medical records, etc., that would be needed to make that call. However, just based on the limited information you provided it does not appear that any malpractice — i.e. negligent medical care — is at issue here. Rather your complaint is centered on the fact that no relatives were allowed to visit her during her last days in the hospital. Your wife is not alone in that. A number of people over the last year have died in hospitals and nursing homes without any relatives or friends present due to visitor restrictions. As unfortunate as that is, the visitor restrictions at the time were needed to prevent further spread of a potentially deadly disease. That public health concern had to take precedence over the comfort that a patient would get from having persons close to them present at the time they died. That's one of the many sad realties of trying to manage a pandemic. Moreover, there is no express right in either federal or Nevada state law for a patient to have visitors while in the hospital, even when the patient is dying.

There is another problem here with a lawsuit, too. Your wife was already in the late stages of terminal cancer when she was admitted to the hospital and, to use your phrase, she "was not expected to live much longer". So even if there was malpractice in treating her such that she died a little earlier than she would have with proper medical treatment the damages you or her estate might win in a lawsuit likely wouldn't be much, if anything, because she'd not have lost much in earnings, incurred more in medical bills, etc than she would had the malpractice not occurred.

I don't mean to diminish your concerns over what your wife would have experienced without the comfort of having people close to her there at the time she died. When my grandfather was dying, my grandmother's greatest fear was that he might die alone. She tried to be there at the hospital 24/7 to ensure that didn't happen but couldn't stay there all the time. She had to take time off and go home, but fortunately I arrived at the hospital soon after she left and I happened to be present when my grandfather died. It was an immense relief to her that at least I was there when he died so at least he did not die alone. This was, of course, well before covid-19 was ever an issue. You have that same concern for your wife that she had and it's totally understandable. But sometimes it just isn't possible to ensure loved ones are there when someone dies. You did the best you could for her and you can draw comfort from that. There isn't anything more you could have done and I hope you don't feel any guilt over this.

But you ought to see a medical malpractice attorney to assure yourself that you explored all the options. Most will give you a free initial consultation.

 

[zddoodah]

does anybody think I have even a snow balls chance of pursuing some sort of legal action on my, and/or, my late wife's behalf?

Your post does not describe any medical malpractice or any other legal wrong that I'm aware of. It's unfortunate that COVID has led to some folks dying without family at their sides, but it's not something that's legally actionable.

 

[quincy]

I am sad to hear that you and daughters were unable to be with your wife in the hospital, Drewandlin, and I am so sorry for your loss.

I agree with those who suggest you could speak to a medical malpractice attorney, if for no reason other than reassurance that all that should have been done in treating your wife was done. The initial consultation with the attorney should be free.

 

[Just Blue]

@Drewandlin You and your stepchildren may find grief counseling helpful to get your through this difficult time. I did a google and found some counselors in Clark County.

https://www.google.com/search?rlz=1...hUKEwiz76TUq6nvAhUKrp4KHcFJC6IQ4dUDCA0&uact=5

 

[stealth2]

Condolences on your loss. Memory Eternal.

 

[cbg]

I don't have anything to add to the legal issue but I did want to add my sympathies for your lost and my prayers for your healing.

 

[commentator]

I also want to offer my condolences for the circumstances. However, it does not meet the definition of malpractice in any way i can see. Definitely you are most upset not because of any failure of treatment but because you were denied access to your wife. The representation that you feel greatly she died alone and afraid, while it may be valid is definitely not provable in court. Please do not be offended when i suggest that counseling for you might really help. Your wife was already aware she was at the end of her life. I am sure that you and she and your family had said a lot, discussed a lot of things and told each other how much you loved each other. in this sort of circumstances, we tend to tell ourselves that we might have offered some great comfort and support in those last few days or hours or minutes, but you cannot be sure of that. If all you dwell on are those final last hours when your wife was walking through very new territory, you are discounting all the years and love and wonderful times you had together before that. It is possible she was supported greatly by the nursing staff. And as people involved in hospice can testify, many people wait until they are alone, till their loved ones are not around to do their leaving. It is not something to litigate, and that it is haunting you so is very sad, and I hope you can find a way to be more at peace with it.