How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Robert L. Bennett Your Own Question

Robert L. Bennett
Robert L. Bennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 60
Experience:  attorney (13 years experience, member of California Bar)
Type Your Legal Question Here...
Robert L. Bennett is online now
A new question is answered every 9 seconds

Hello My father in law had a hospice nurse coming to the ...

Resolved Question:

Hello: My father in law had a hospice nurse coming to the home for a year. It was her suggestion that he be transported to Ramona Manor for respit care. We were assured it would be for PT and he could come home within a couple of days. 5 hours after leaving him in their care, he died. They were instructed to give him nitro when he got up out of bed, they did not give it to him. Instead they tied him down to the bed and left him there. He couldn''t get up to get his nitro and subsequently had a heart attack. He did have congestive heart failure, and was 75 years old. However, he didn''t need to die like that. They neglected him and he passed. Is there a case here? Please advise. Thank you.
Submitted: 6 years ago.
Category: Legal
Expert:  Robert L. Bennett replied 6 years ago.
DearCustomer

You have a very difficult case to prove, although I extend my condolences on his passing.

Nitro (or so I understand) is merely for pain, and does not prevent heart attacks. Also, you would have to prove the death was proximately caused by poor treatment, and negligence.

It is very likely that the cause of his death was congestive heart failure, and that is what the law looks at.

I agree that he didn't need to die like that, and it was terrible to neglect him, but my advice is that there is no case here.

Let me know if you need more. I am always glad to help a "fellow Californian", even it is not the answer you were seeking.

Please let me know if you need more.

Bob Bennett
Customer: replied 6 years ago.
Would this be true even if Hospice told my husband that he didnt have a choice, that his Dad HAD to go to respit. They reclassified him from respit to general inpatient care. They never advised us as to what they were going to do with him. They gave him medication they were told not to give and also were not supposed to tie him down (belt placed on him at 6pm, died at 10:10pm) without authorization from a family member. Hospice never gave the Ramona Manor my husbands phone number and they never contacted him until one and a half hours after his death. He should have been contacted prior to his passing to let him know there was a problem.
Expert:  Robert L. Bennett replied 6 years ago.
That changes things, as giving medication that they were not supposed to give, as well as violating orders not to tie him down are important.

A lawyer for the Hospice and/or Ramona Manor will take the position that death was caused by congestive heart disease, and not by the subsequent intervening acts. Now, your attorney can dispute that.

I suggest you find a lawyer specializing in wrongful death cases, and/or personal injuries.

Good luck.
Robert L. Bennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 60
Experience: attorney (13 years experience, member of California Bar)
Robert L. Bennett and 9 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.