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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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My grandmother passed away in march 2016, it was clearly the

Customer Question

My grandmother passed away in march 2016, it was clearly the fault of the nursing home. We did seek advice from a lawyer who wanted to sue, but advised us that the court puts very little value on a senior's life especially one that suffers from dementia and Alzheimer's. If we wanted to start a lawsuit by ourselves where do we start, and can we sue the Ontario government for failure to act on complaints we made regarding the treatment my grandmother received? The lawyer advised us that the fees for specialists to testify alone would eat any settlement made from the nursing home.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear of your tragic loss.

Did your grandmother have a spouse that is living?

What about children?

Are there other family members aside from you that want to sue?

How much would you sue for? Did the lawyer that you retained suggest a number?

How old was our grandmother?

And what are the basic facts?

Customer: replied 1 year ago.
My grandmother was 86 years old, she died from a septic UTI and dehydration, which was missed by the nursing home until the daughter complained, my grandmother was then rushed to the local hospital where it was too late, as all they could do was make her comfortable. There is no living spouse, there is 1 son and 1 daughter. The son wants nothing to do with his mother, but I understand that if there is anything settled or won, it would be paid to the estate and he would receive 1/3 of the estate if there is anything. Currently there is nothing in the estate except debt. We saw several lawyers who all wanted the case, but they wanted a retainer which the family cannot afford at this time. Each lawyer, said any settlement would eat any settlement received as the cost incurred would be more then the settlement by the time we get specialists to testify etc. So, with this in mind, seeing I have paralegal training although several years ago, I figured I would give it a go and see if I can get a settlement out of them prior to any trail. The most we can receive is 120K, but most likely it would be less then this as there is no value on the life of a senior with Alzheimer's and dementia. As they say there is no quality of life even the quality time we miss out on. I have an expert in mind who will help me by testifying if need be as well as the centre that specializes in Alzheimer's who assessed my grandmother and provided detailed instructions on my grandmother in ways to cope and make her life better, which the home ignored and said nothing the family does will change how they operate. So, the nursing home and facility doctor would be named in the suit, but, what about the Ontario government who ignored all the complaints that were sent in writing, can we sue the government branches as well? Where do I find paperwork to prepare the lawsuit, I understand there are many sites with forms we can fill in etc., so need a place to start.
Expert:  Debra replied 1 year ago.

I am going to opt out.

You never rated me on the last question and I spent much longer than average with you.

By not rating me you harmed my stats and caused me to work for free.

I am sorry but I simply cannot afford to work for free.

Customer: replied 1 year ago.
That is absurd. How about finishing what you started then we will rate you?