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My daughter passed away on 3/23/09 from Breast Cancer. She

 
 
 

Customer Question

My daughter passed away on 3/23/09 from Breast Cancer. She wanted to go into hospice for a week because she wanted rest. Her dr. gave her permission to go into hospice for 7 days. She was omitted on 3/17 and was scheduled to return home on 3/23. I went to see her on Sunday, 3/22, and my son-in-law informs me that there was going to be a lot of people visiting my daughter that day. I asked my daughter if she wanted visitors and my daughter said "not really". I went to the nurse and told her my daughter did not want visitors. My son-in-law, who alwayst put his family first, told the nurses to have me removed from the premises (so his family could come in because they did not want to take a day off work on Monday. My Son-in-law had my daughter so upset with all of his family there she died that evening and I had to watch from the parking lot. He and his father and uncle stole my silver worth $15K and the police would do nothing. I want to sue hospice, police and son-in-law & his family.

Submitted: 962 days and 11 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: Pennsylvania

Already Tried:
I told the nurses at hospice I would sleep in the lobby but they told me they would call the police if I did not leave because my son-in-law told them to remove me from the premises. He just wanted his family to be allowed to come in. He was never there for my daughter the 3 years she suffered with cancer. I was the only person with her and my grandson. I called the police dept several times about having my silver returned.

 
 
 
 
 
 
Posted by Jane Doe Deer 962 days and 11 hours ago.

Response From Expert

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following information before I can answer your question:

 

I'm so very sorry for your loss. Breast cancer is such a devasting illness to all of us women.

 

Let's take things one step at a time.

 

First, tell me about the silver and how it was stolen from you. Was it in your home? Had you given it to your daughter?

 

I'll look forward to hearing from you,

 

Customer/p>

 

 
 
 
 
 
 
962 days and 11 hours ago.

Customer Reply

At first I left the silver with my daughter because I had a roomate. Then I moved and kept it with her until I was settled. It was silver place settings in Towle, El Grande pattern. It was taken fromm my daughter's house by her husband, his father and uncle the day after she went into hospice.

 
 
 
 
 
 
Posted by Jane Doe Deer 962 days and 11 hours ago.

Response From Expert

OK, if you can prove that it was yours, and not a gift, your first step is to file a police report (or sheriff's report) for theft.

 

As far as suing for keeping you out of the hospital room, is that what you were thinking to do?

 
 
 
 
 
 
962 days and 11 hours ago.

Customer Reply

My son-in-law admitted he took the silver and sold it for $1,000. He knows it was not a gift. The police refused to do anything, they refuled to file a report; it makes me wonder what he told them for them to let him get away with this.

Yes, suing hospice, because they went against my daughter and she was on medication and did not want to make a scene, and all his relatives, I watched for hours from the parking lot, going in and out of her room. That's why she died that night I think her heart gave out. I am waiting for her death certificate. She did not die of cancer and the doctor expected her home on March 23.

 
 
 
 
 
 
Posted by Jane Doe Deer 962 days and 11 hours ago.

Expert's Answer

Make an appointment with the local prosecutor's office (city or county, depending on where you live) and try to convince them to take the case. It's up to the prosecutor's office to prosecute, not the police.

 

If they refuse to take criminal charges, you can still sue civilly.

 

I'm not so sure that you can maintain a wrongful death case under the circumstances. Moreover, I hate to say this, but because your daughter was already in hospice, and thus considered to already be dying, there may be little or no damages available, and attorneys are going to look at whether or not they can make any money off this case.

 

I think you should make appointments with at least two personal injury attorneys (don't try to pick their brains on the phone any more than you would call a doctor out of the phone book and try to get questions answered - make an appointment and go to the office, even if you have to pay for a consultation).

 

If this were me, I'd focus on larger firms, because they tend to have more resources for lawsuits.

 

You can find personal injury attorneys through this organization in PA:

 

http://www.pajustice.org/PA/

 

or through the bar association:

 

http://www.pabar.org/public/Membership/lrsblurb.asp

 

I want to prepare you in advance that very few attorneys take wrongful death cases.

 

I also suggest some grief counseling for you, if you haven't already started. This is a very tragic, sad situation all around, and some support is always a good thing.

 

 

 

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962 days and 11 hours ago.

Customer Reply

I'm not clear. Do I make an appt w/the prosocuter' office in Bucks County for the silver? Then get an attorney for my daughter's death? or get an attorney for both? Should the attorney be in Bucks County?

Please suggest a few firms for the Bucks County, PA area.

 
 
 
 
 
 

Accepted Answer

Make an appointment with the prosecutor in the county in which your daughter lived, which I assume is from where your silver was stolen. If the prosecutor takes the case, you don't have to pay for an attorney, and you may receive some money in restitution, or even the silver back.

 

As far as a private attorney goes, you can discuss both the silver and the wrongful death with each private attorney you see.

 

I'm not familiar with attorneys in Bucks County. Note that an attorney you hire does not have to be in your county. He or she can practice anywhere in PA. You can "meet" by phone, but set up the appointment through the office receptionist.

 

 

 

Ask for me by name next time you visit JustAnswer.com. I'll remember you!

 

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Expert: Jane Doe Deer
Pos. Feedback: 98.8 %
Accepts: 990
Answered: 10/4/2009

Attorney

Atty. 24+ years; Plain English answers to family law, employment, landlord-tenant, & other questions

 
 
 

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