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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My Dad died after 24 hours in an LTAC hospital. They had me

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My Dad died after 24 hours in an LTAC hospital. They had me sign a Dispute Resolution contract at the time of admit so I wrote a complaint. Outlined what I felt they did that caused my Dad's dealth. I have been contacted and asked for an amount to come to a quick resolution and not go to court. What is an amount I should settle for? I live in Texas.

Thank you for your question. I'm very sorry to hear about your situation.

What do you believe that the hospital did wrong?

Did your father suffer pain as a result of the hospital's negligence? If so, for how long of a time before he passed?

Also, was your father active?

Did he still work?

I look forward to hearing back from you.

Customer: replied 4 years ago.

My Dad was active, first time he had ever been hospitalized. The Hospital in Louisiana released him to the Hospital close to me in Texas for full therapy and recovery which is what I was told he needed. The LTAC Hospital assured me they were able to fully take on all his needs, he had to have oxygen, he had a feeding tube and dialysis. I was promised a doctor would see Dad the day we arrived by ambulance transfer. They stuck him in a room didn't take him to ICU which was what he needed and he had a hearth attack. He kept complaining of chest pains, headaches and he could breathe. Within 24 hours my Dad was dead.

Again, I'm very sorry to hear about this situation. It is one of the hardest things in my job to have to quantify what a person's life is worth in a wrongful death situation.

Generally, the valuation of a death often revolves around how much income a person brings in, how much longer they had to live based on the average life span in the United States, the loss of the persons services at home, and the simple loss of the person's company. In this case, it sounds as if your father was retired. He was also already past the average life expectancy (78.2 years).

As that is the case, there are no real economic damages that we can use to quantify what you should demand from the hospital. All the damages turn on what are referred to as "soft damages", i.e., the value of the loss of your father as a companion and the pain and suffering he endured as a result of the hospital's failure.

Given the fact that your father was not properly cared for because of simply hospital negligence and was in pain for the last 24 hours of his life, this increases the value of your potential claim. I recommend asking for $100,000.00. This is large enough to be a meaningful punishment to the hospital for its failures and to hopefully provide you with some peace of mind.

If they do not like that offer, it would probably be a good idea to get a personal injury attorney to represent you in the demand.

Please let me know if you have further questions.

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