Do I have a lawsuit?
Get Legal Help Today
Secured with SHA-256 Encryption
Do I have a lawsuit?
My dad passed away 2 weeks ago from a
perforated bowel that ultimately put him in
septic shock. He was a resident at a nursing
home. How can someone become so
constipated that their bowel perforates when
receiving 24hour care? Should I get this looked
Asked on June 12, 2017 under Malpractice Law, Ohio
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Do you have any medical opinion that the bowel performation was due to the nursing home's negligence or unreasonable carelessness, such as in not monitoring or paying attention to his condition in this way? That is the key issue: they are liable if, under current or contemporary standards of care in a facility like this, they should have caught the issue in time to to prevent your father's passing. But if under acceptable standards of care, they would not necessarily be expected to have caught this, then they are not liable: medical care providers are liable when they don't do what is normally expected of them, and not simply becaue a patient had a bad, even catastrophic outcome. So getting a sense from medical experts (e.g. a gerenotologist) about what would be expected of a nursing home in this regard is the place to start, to see if you may have a case or not.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.