Legal Question in Legal Malpractice in California

my husband was attacked as a dementia patient at state mental hospital by another patient. can I sue the hospital for not protecting him? He is now dying as a result. because he required surgery to repair broken bones and he declined since the surgery , had a stroke, and cannot eat, swallow or talk.

Thank you


Asked on 4/21/14, 9:58 am

1 Answer from Attorneys

I'm sorry that you are both going through this tremendously difficult time.

The first question I have is whether your husband is under an LPS Conservatorship as he is a dementia patient.

You will want to obtain a copy of his records from the state mental hospital. If you have a power of attorney for your husband you should be able to get these records or if you are his conservator.

There are several issues that arise in relation to your husband's injuries. How did the incident occur? Can it be alleged that he provoked the incident?

Did he decline to have the surgery performed? If he was under a conservatorship he might not have the capacity to consent or decline surgery.

There are many questions that need to be addressed in approaching this incident and the injuries he incurred.

Since this is a state facility an administrative claim needs to be filed within a short period of time so do NOT delay!

I would be happy to discuss this matter with you.

You can call or email.

Caleb

J. Caleb Donner

DONNER & DONNER

LEGAL WARRIORS�

910 Hampshire Road, Suite R

Westlake Village, CA 91361

Tel: 805-494-6557

Fax: 805-409-8677

Email: [email protected]

Website: www.LEGALWARRIORS.com

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Answered on 4/21/14, 10:22 am


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