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My fiancée is in hospice care. She has terminal cancer with…

Customer Question
My fiancée is in hospice...
My fiancée is in hospice care. She has terminal cancer with fluid build up around her lungs and in her abdomen. Prior to being transferred to hospice the area around her lungs was drained but not her abdomen making it very difficult to breath. She also has compromised liver function resulting in jaundice and confusion as well as petechiae on her legs and feet.I am trying to get her abdomen drained if for nothing else than for her comfort and to ease her breathing. If the doctors refuse to drain her abdomen will I have a recourse?
Submitted: 6 months ago.Category: Legal
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Customer reply replied 6 months ago
She is currently in New Jersey and I am asking this for myself and her family.
Answered in 7 minutes by:
12/11/2017
Lawyer: Gerald, Esq, Lawyer replied 6 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,236
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 6 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am sincerely ***** ***** you are going through this heartache of watching your loved one suffer. I wish I could send you some comfort.

If someone has power of attorney for her, or you can hire an attorney for her you may be able to seek an emergency injunction order directing the treating physician to provide the desired care. But truthfully, these actions are very hard to pursue and the remedy often comes to late.

I also am very sorry to say that whatever other recourse that may be available will likely be limited and after the fact. Also, you personally will not have recourse because you are not in fact married. Whoever her personal representative is for her estate (executor or administrator of the estate) may be able to bring a cause of action in her name for negligent treatment and the pain and suffering that it caused.

The sad additional truth is that it will be difficult to find an attorney to take such a case because the "damages" available are going to be significantly limited. That does not mean it is not worth making a few phone calls. The attorneys who do this work will meet with personal representative at no cost to assess the matter.

You can use this link to help find an attorney:

http://lawyers.findlaw.com/lawyer/practicestate/medical-malpractice/new-jersey

Lastly, you, or her family, can file a complaint with the state board of medicine. These complaints are at no cost and will result in an inquiry by the Board (at a minimum). If the Board finds that she was not properly cared for they can impose sanctions on the physician. See:

http://www.njconsumeraffairs.gov/bme

I sincerely ***** ***** your fiance does not suffer and that they can provide her some comfort. I am certain that your presence means the world to her.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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