Legal Question in Health Care Law in Texas

Wrongfull death in Nursing Home

My grandfather lived in a nursing home ran by nurses. He very recently began choking on his food at dinner and eventually passed out at the table. No procedure was done to help him such as the Heimlich or mouth to mouth. The only action taken was he was brought back to his room and put into bed, still unable to breath and unconsious. Eventually, 911 was called. It was the 911 emergency crew who were the ones to dislodge the food from my grandfathers throat. However, by the time they arrived he was no longer breathing. They were able to resusitate him and transport him to the hospital where he has never awoke and is plagued by seizures. Test results show that he went too long without oxygen therefore causing brain death. My family must now decide to prolong his life on machines or to let him pass. Legally is there a case against the Nursing home for negligence?


Asked on 9/10/03, 2:41 pm

1 Answer from Attorneys
Joe Gregory Gregory & Gregory

Re: Wrongfull death in Nursing Home

You should have a malpractice claim against the nursing home. Your grandmother and any children can bring a lawsuit. However, grandchildren are not entitled to bring such a suit.

I strongly recommend that you contact an attorney as soon as possible.

If you would like to discuss this matter further you may call me at my toll free number. There will be no charge to you unless we agree to represent you. Attorneys' fees are charged on a contingent basis which means you will not owe any attorneys' fees unless we are successful in obtaining a recovery.

Joe D. Gregory

Gregory & Gregory

(888) 481-6504

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Answered on 9/11/03, 2:53 pm


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