I want to sue a hostpital in caldwell idaho, tell me the best way to go about it.?

Question

my mom was sent home with pertinius and died of septic shock.

Answer 1

In personal injury and wrongful death cases, one tends to want to sue everybody or every entity that one can think about, and that includes the hospital, the doctor, etc.

In many states, there is a specific statute of limitations for filing wrongful death and survival actions. In Idaho, it is two year statute of limitations for wrongful death actions. http://the-injury-lawyer-directory.com/statutes_idaho.html

For other people reading this answer, be mindful of the fact that the statute of limitations in your state may be different.

There are two separate causes of action, a wrongful death action, and a survival action.

Wrongful death is the basis for a lawsuit (wrongful death action) against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. Thus, a child might be entitled to compensation for the personal loss of a father as well as the amount of financial support the child would have received from the now-dead parent while a minor, a wife would recover damages for loss of her husband's love and companionship and a lifetime of expected support, while a parent would be limited to damages for loss of companionship but not support. A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (family members).

A survival action is brought by the administrator of a deceased person's estate in order to recover loss to the estate resulting from a tort. A survival action continues in the decedent's personal representative a right of action which accrued to the decedent at common law because of a tort. A survival action, unlike a wrongful death action, is not a new cause of action. Where death is caused by negligence, both a survival action and a wrongful death action may be brought.

This is something you will need to do through an attorney. If there is an attorney involved in the settlement of your mother's estate, he would be the first person to contact. If there is no attorney involved, the personal representative and family members should engage the services of a competent personal injury attorney. The personal injury attorney will generally handle the action on a contingent fee basis.

Answer 2

The hospital is not primarily responsible for her discharge and subsequent death. The physician who ordered her discharge is liable. Medical malpractice involves something more than right and wrong from the layperson's perspective. It involves meeting or exceeding the "standard of care", which is treatment that a physician or healthcare worker would have provided to a similarly situated patient in a similar circumstance. Failing to meet the standard of care is negligence. If the standard of care was met, you will not have a case. The only way for you to know if you have a medical malpractice suit is to (a) obtain your mother's hospital records for this admission and any other pertinent records; (b) make an appointment with a medical malpractice attorney for a consultation (this should be free); (c) let the attorney review the case for breaches of the standard of care and/or negligence. Good luck and I'm terribly sorry about your mother.

Answer 3

Was it the hospitals fault she was sent home? or the doctors fault? I would think it was the doctors fault or I would go and ask him why she was sent home in this condition and take someone with you to back up what you are told. A hospital has no decision in sending a patient home or keeping them nor who is admitted. So think you are off base of who you are wanting to sue. What did they tell you of why she was sent home? There must be more to this story than they just sent her home...and how long after she was home did she live?
Am sorry about your Mom thats not an easy thing to deal with, have dealt with death a lot and its never easy. Just be sure your not letting your grief guide you. If you are right though then an attorney is the one you first need to talk with. He will help file the correct papers for you.

Answer 4

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