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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience:  Attorney and Counselor at Law
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My father was put into home hospice and he wasn't dying. He

Customer Question

My father was put into home hospice and he wasn't dying. He fell and broke his knee and was admitted into the hospital. They called and said he was violent and come get him. When we got there they took us in a room and told us he was being sent home on hospice. I argued and said he wasn't dying. They said hospice isn't dying. They said Medicare paid 100%. We said no we would prefer home health like he had prior to the fall. They said it wasn't an option. We got no diagnosis no reason nothing. But they said he wasn't dying. When they brought him home he was in a comatose state and they instructed morphine every 3 hours. Said no to an Iv no to suction for his lungs no to food no to water. Liquid morphine under his tongue only. Even though he never woke up to say a thing. His home health facility he had for the last year will testify he wasn't dying before he went in to the two hospitals. Do you feel we have a case? The only person who signed anything was my dad and he wasn't conscie when he did so
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

I will help answer your questions. Can you tell me what county in Arizona where this happened?

Expert:  Colleen Grady replied 1 year ago.

You may have a Wrongful Death Medical Malpractice case under Arizona Law. Basically, if the hospital and doctors were negligent in providing care to your father, then they can be held responsible to damages in a civil court in Arizona.

Here is what the law says:

12-611. Liability

When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter.

Here is the law that says who in the family who can sue:

12-612. Parties plaintiff; recovery; distribution; disqualification

A. An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate.

B. Either parent may maintain the action for the death of a child, and the guardian may maintain the action for the death of the guardian's ward.

C. The amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A of this section in proportion to their damages, and if recovery is on behalf of the decedent's estate the amount shall be an asset of the estate.

D. If any party listed in subsection A of this section is found guilty of or guilty except insane for, or pled guilty or no contest to, a violation of section 13-3623 involving the death of the child decedent or a violation of section 13-1103, 13-1104 or 13-1105 involving the death of the decedent, the party is deemed to have predeceased the decedent and is disqualified from recovering wrongful death benefits. This subsection applies to a person who is found guilty of or guilty except insane for, or pled guilty or no contest to, an offense committed in another jurisdiction that has the same elements of an offense listed in this subsection and that if committed in this state would be a violation of any of the offenses listed in this subsection.

E. For the purposes of subsection A of this section, "personal representative" includes any person to whom letters testamentary or of administration are granted by competent authority under the laws of this or any other state. The personal representative may maintain the action for wrongful death without the issuance of further letters or any other requirement or authorization of law

I recommend you go to a lawyer specializing in Wrongful Death Medical Malpractice cases. The lawyer will have to investigate by ordering medical records that a medical expert will review. If they determine that something was done negligently, then they can file a claim for you in Arizona Civil Court.

If you need to find a lawyer, I always recommend that people go the their state bar association. Here is the link in Arizona. They have a legal referral system. Look for a Wrongful death medical malpractice expert. http://www.azbar.org/Public

I am sorry about the loss of your father. Please don't hesitate to ask me more questions.

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