Should I pursue a lawsuit
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Should I pursue a lawsuit
On 6/11, my now deceased father was admitted to a hospital for several medical complications, most stemming from extreme drug abuse over a vast amount of years. He was discharged from the hospital on 6/13; the discharge paperwork stated
Asked on July 10, 2018 under Malpractice Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
To have a wrongful death claim, there must be evidence that 1) he died due to something one of the hospitals did (e.g. the treatment at hospital 2) or did not do (e.g. the decision to not admit him to hospital 1's program)--that is, you have to show a causal link or causation between an act or omission and his death; and also 2) that the act or omission which caused his death was unreasonable--that is, careless. If they had a good reason to not admit him, for example, they are not liable even if that did contribute to his passing. Unless there is some reason to think that a careless or negligent act or omission causally led to his death--and further, that you could prove this in court--there is no point in suing.
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