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Death due to Negligence


Guest Greta
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Guest Greta

I have a question regarding rights for a death caused by a negligent staff.

My sister-in-laws's father died recently. The staff did not respond when he was having a problem. He asphyxiated, had a stroke and died shortly thereafter. (Sorry so vague - I don't have all of the details.) Her mother is receiving hospital bills and the family doesn't believe she should have to pay - at least for the time he was in intensive care. They are in touch with an attorney and currently he is advising them not to pay.

My advice was to talk to the insurance company and have them investigate the surroundings of his death. Would this be correct?

Also, the mother really isn't interested in sueing & making money off of this. She just wants the hospital to have stricter guidelines/disciplines so that this doesn't happen to someone else. It seems to me money talks and that may be the only way to get them to take better care of their patients. Are there other ways to go about this?

Any other words of wisdom for these situations would be appreciated.

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Why are you trying to interject yourself when an attorney is already involved? I suggest that you let them follow their attorney's advice. Be a supportive and sympathetic listener. But don't try to get the insurance company to do anything unless the attorney says so. If she doesn't wish to sue the attorney cannot make her.

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Guest Greta

My sister-in-law was asking. I too didn't understand why she was asking since they retained an attorney. There are so many knowledgeable people here, I thought someone may have run into this before.

Thanks for your help.

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  • 2 weeks later...

If insurance companies were able to or could do something about this type of thing they would have done so long ago. So talking to any insurance company about the negligence should not help even if you somehow got to someone with the authority to do so.

You have already put the matter in the hands of an attorney, it is bad practice, disruptive and self-defeating to take any action that he does not authorize. However, are you sure that this attorney is experienced and competent in this particular type of issue. Malpractice litigation or debt adjudication (mitigation) are areas that require some specialization it is not an area for a generalist or someone who specializes in or regularly handles other areas of law.

The debt and the negligence are two very different areas and I would find it hard to expect that this attorney can or should adequately handle both these areas. I think that your attention should be on getting the best legal assistance you can find, maybe you want to reconsider your approach.

In my opinion, neither the hospital or the staff will take the matter seriously if there is not a lawsuit for a large sum. The mother can donate the money to charity if she wishes. In addition, she would most likely get better legal representation if there was more money at stake. After all she has to pay the hospital and so far I bet this attorney has not been free. Why is she willing to spend her own and her husband's hard earned money to correct a situation caused by a group that is willing to charge her and have not cared one bit about what happened?

George D. Burns

Cost Reduction Strategies

Burns and Associates, Inc

www.costreductionstrategies.com(under construction)

www.employeebenefitsstrategies.com(under construction)

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