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 CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
Type Your Legal Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

I had a Daughter who passed away november 12, 2012. She was

Customer Question

I had a Daughter who passed away november 12, 2012. She was 40 years old .She had cervical cancer in 2010 which was completely gone from the chemo & radiation but in January 2012 she started having problem having bowel movements, because of this she could'nt eat because she was in so much pain. She lost so much weight she was down to 64 lbs.They had taken her to the hospital a couple of times before I got to Michigan in May of 2012 for my Grandaughters wedding and seen her. I live in Florida now.Anyway I told her she needed to be in the hospital, She said she had been many times to the hospital and to the doctors and they didn't do anything but give her more pain pills. So I started taking her over and over and no one did anything but send her home with more pain pills. I finally got her into seaway hospital and they put a feeding tube in her stomach and sent her home with a prescription to get the medicine to feed her with no instructions on how to do this.Couldn"t get the prescription filled hat night it was too late.That night she fell trying to get to the toliet and I couldn't get her up I had to have a neighbor girl help me but while she was on the floor there was feces just pouring out of her everywhere. We got her up and cleaned up & into bed. The next morning her hospice Nurse came over (we called hospice because no one would help her & we needed some help) and took her vitals and said she was in bad shape we had to get her to the hospital or she will die, so we called an ambulance. We got her to the hospital and I begged them please do something there is something wrong with her insides. They did admit her. I was there with her and she ate a good breakfast and was doing better sitting up talking feeling much better she said so I said get some rest I'm going back to you're apartment and clean up and feed you're cats and I'll be right back. Iwas gone maybe two hours when I returned to the hospital she was in intensive care and on a ventalator. I asked what happened and all they said was she couldn't breath. Well she kept going down hill so the finally started doing tests on her and found out she had ruptured her bowles and had gang green inside of her from this.She was in intensive care for over a month.They finally got her stable and said that she had to be mooved to a longcare place so they sent her to a nursing home that reminded me of a roach motel they said that was the only place that would take her because of the ventalator,She was there two days before they gave her any medications because they don't go by what the hospital says they have their own doctor and what ever he orders they will get it took twodays for the doctor to see her and give her her medications. She was there a week and had to go back to the hospital because her feeding tube came out. While she was in the hospital they discovered she had bed sores that had to have surgery on. She was in the hospital about a week and they said she had to go back to the nursing home. I begged them please don't send her back there but they said they didn't have a choice.
She left the hospital at 4pm the nursing home was an hour away so I said I'll meet her there. I arrived a little after six and they said she wasn't there I'm puzzled so I called my son and said call all over and find my daughter.I waited a while and no call, it was getting dark and I was alone in the worst part of detroit there is so I headed back home to her appartment. I had just got back there and it was about 8:30 pm and my son called and said shes at the nursing home has been the whole time.Well it was to late to head back there so I called and told the man who told me she wasn't there to dam well let her know I was there and I would see her in the morning. I was Fuming.I gor ready for bed and about ten thirty I got a phone call from the nursing home telling me my daughter passed away. They put her in a room with no moniters or any kind of wayto get to her in an emergency. The nurse said she checked on her at 9:oo pm and my daughter was trying to tell her something (still had ventalator tube in her throat) she said she couldn't understand her so she just left her and didn't check on her again till 10 pm thats when they found her dead. they refused to give me her records. I have been going crazy for allmost 3 years I need some answers. What on earth happened. Why wasn't there someone taking care of her. She was even too weak to lift a blanket or push the nurses button. I'm retired living on a fixed income so I don't have much money.Is there any way I can get answers and have who ever is responsible pay for what had happened to my daughter. Also when she died I could'nt even get an autopsy done and they never had a doctor check her and sign the death certificate ems ran a line to the hospital pronounsing her dead. They finally found some doctor to sign the death certificate and he even put the wrong date on it and I still don't know why she died because thedoctor never saw
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.

Dear Customer,

My sincere condolences for your loss.

Unfortunately, this is a very complicated case and it will be difficult to prosecute for a legal malpractice cause of action, the civil lawsuit against healthcare providers for negligence causing illness, injury, or death. (see below). However, you can continue to try contacting attorneys that specialize in this type of law to see if they are willing to at least consult with you on the matter. (Please note, the statute of limitations is only 2 years from the date of the error or omission (see:, this may create a bar on any civil claim, but please speak with a local attorney regarding the statute as there may be other considerations).

You can report the facilities, and providers, that cared for your daughter to the appropriate authorities. While they will not help you recover money damages, they can investigate the matter and take administrative (or even criminal) enforcement action.

For nursing home (long term care home) abuse:,1607,7-192-29943_31467-47538--,00.html

For physician (doctor) negligence:,4601,7-154-72600_72603_73116---,00.html

And for hospitals:,4671,7-180-24786-81263--,00.html

Medical malpractice claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert in the same, or similar field, to testify as to the standard of care in the industry, whether your physician or facility's conduct fell below that standard, and whether that negligence was the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care.

Due to the complexity of these claims, I highly recommend that you retain a medical malpractice plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).

You can find local attorneys using the State and Local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).