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 Loren Your Own Question
Loren, Attorney
Category: Legal
Satisfied Customers: 32016
Experience:  30 years experience representing clients.
Type Your Legal Question Here...
Loren is online now
A new question is answered every 9 seconds

I owned a home health agency company that closed in January

This answer was rated:

I owned a home health agency company that closed in January 2012. In 2010 while taking care of a 12 year old terminal child in her home the child died. I had insurance at the time for malpractice liabilty etc. We did not purchase tail insurance, as we did not know about it. In December 2012 I was sued for malpractice for wrongful death can I be personally liable??? Or am I protected by the corporation S corp
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

Before we begin, a bit more detail would be helpful.

Were you named personally in the lawsuit, or is the lawsuit against the corporation?

What is specifically alleged that you did which caused the death?

Thank you.

Customer: replied 3 years ago.

No the corporation was named It says that we provided a nurse to them that they did not approve of... There is no history of any complaint on record. We provided care to the family through the Illinois Medicaid system. They have no record of any complaint on file My worry is that I do not have the money to fight this personally.. If I let them get a judgement to the company can it ruin me personally Also an investigation was done by the coroner and the State of Illinois as is the procedure in any home death and we wer not found to have done anything wrong.

Thank you, Marilynn, for the additional information.

If there is no allegation against you personally, then any judgment could only be satisfied with corporate assets and you have no personal liability for corporate liabilities. If there was an allegation of personal malpractice the corporation would not protect you, but that does not appear to be the case here.

Of course, you will want, at least, an initial consultation with local counsel to protect your rights before you take any action in this matter.

I hope this is helpful. If you have more follow up questions please let me know. It is never a problem.

Thank you.

Customer: replied 3 years ago.

can you tell me what type of lawyer would be appropriate??? Do you recommend one in the area zip code 60585

Thank you for following up with me.

You would want a medical malpractice attorney.

Site rules prohibit us from referring specific attorneys, but try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty.

Thank you.

Loren and 8 other Legal Specialists are ready to help you
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):

Best wishes and good luck to you.

If it is not too much trouble, Marilynn, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.