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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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my Dad developed a bed wound as large as big as two adult hands with fingers spread out a

Resolved Question:

my Dad developed a bed wound as large as big as two adult hands with fingers spread out and went as deep as the spine he eventually died from the wound 9/19/11 would this be considered wrong ful death ?
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.

Zachary D. Norris :

Hi,

Zachary D. Norris :

I'm very sorry to hear about your father.

Zachary D. Norris :

Before I can fully answer you question, I need to know where your father was when he developed the bed sores.

Zachary D. Norris :

If he was in a nursing facility or other medical facility, then it is very likely that the standard of care was breached and the facility or medical practitioner could be guilty of medical malpractice and wrongful death.

Customer:

He was in a Hospital in Omaha Ne

Zachary D. Norris :

However, there are certain conditions that cause bed sores to develop regardless of the medical care offered. This is often the case for older patients who have diabetes.

Zachary D. Norris :

How old was he and how long was he in the hospital?

Customer:

75 went into the Hospital on 2/21/2011 for a rash

Zachary D. Norris :

You may possible have a claim for wrongful death. Generally, a medical practitioner should not allow a patient to develop bed sores. As I stated before, sometimes bed sores form as a consequence of other causes than simple lack of movement.

Zachary D. Norris :

Since your father had a rash, it is possible that the skin ailment for which he was being treated developed into something more dangerous that could have resulted in the bed sore.

Zachary D. Norris :

Any action to recover damages for professional negligence must be commenced within two years after the act or omission that provides the basis for the action, or within one year after the claimant discovered the act or omission or discovered facts that should reasonably have led to such discovery. In no case may an action for professional negligence be commenced more than ten years after the act or omission that provides the basis for the action. Neb. Rev. Stat. §§ 25-222 (1996) and 44-2828 (1993).


If the claimant is, at the time the cause of action accrues, under the age of 21 or suffering from a mental disorder, the limitations period does not begin to run until the disability is removed. Neb. Rev. Stat. § 25-213 (1995).


A wrongful death action must be brought within two years after the decedent's death. Neb. Rev. Stat. § 30-810 (1995). This limitations period applies to wrongful death actions based on medical malpractice. SeeMuller v. Thaut, 230 Neb. 244, 430 N.W.2d 884 (1988).


 

Customer:

ok we have pictures from the time the wound developed to show just how bad it got

Zachary D. Norris :

In short, you have 2 years from the September date to find an attorney who will have to consult a physician expert who will make an initial determination if a standard of medical care has been violated. After they do that, they can safely file the suit.

Zachary D. Norris :

That's good...keep the pictures and write down any of the facts that you can remember, such as names of nurses and doctors etc.

Zachary D. Norris :

Your lawyer will want to see this information and it can help him/her investigate the case.

Zachary D. Norris :

You will need to look for a plaintiff's attorney, preferably one who specializes in medical malpractice.

Zachary D. Norris :

Do you have any other questions related to this subject that I can answer for you?

Zachary D. Norris :

Or do you need clarification on anything that I've told you so far?

Customer:

Thank you for your help my brothers and I will seek out an attorney very soon

Zachary D. Norris :

My condolences to your father. I hope you can find answers and justice.

Customer:

Thank you my Dad should still be alive today if it wasnt for the wound he suffered more than I can describe to you

Zachary D. Norris :

Thank you. XXXXX have satisfactorily answered your questions, please accept my answer so that I can collect payment.

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