My grandfather died in the hospital. My family and I belive that he died of neglect. We as a family live in Newfoundland Canada. He died in hospital in Newfoundland. My mother asked what legal action we could take and we were told that as the survivors we could not sue anyone who we thought was responsible, that the most we could do was put in a complaint to the hospital. Is this true?
IANYL, nor am I registered in Canada. Speaking from experience, I would definitely say that you have a cause of action. Negligence would be your most basic tort. Sorry for your loss, but the reasoning you gave as to why no one responsible could be sued does not stand to reason. Depending on the facts of your particular case, you probably should contact a barrister. Searching for various law societies in Canada and Newfoundland, it doesn’t appear that they give out recommendations for barristers, but I suppose it doesn’t hurt to ask, see http://www.lawsociety.nf.ca, and, http://www.flsc.ca/. Otherwise, you could look in the phone book, or use some of the various search engines on google (type in “canadian law directory”). Condolences for your loss.
IANYL, nor am I registered in Canada. Speaking from experience, I would definitely say that you have a cause of action. Negligence would be your most basic tort. Sorry for your loss, but the reasoning you gave as to why no one responsible could be sued does not stand to reason. Depending on the facts of your particular case, you probably should contact a barrister. Searching for various law societies in Canada and Newfoundland, it doesn’t appear that they give out recommendations for barristers, but I suppose it doesn’t hurt to ask, see http://www.lawsociety.nf.ca, and, http://www.flsc.ca/. Otherwise, you could look in the phone book, or use some of the various search engines on google (type in “canadian law directory”). Condolences for your loss.
Lawboy, I’m sure your motives are good, but if your post is based only on the information shea241’s post, you do not know enough to offer this opinion. It is perfectly proper to suggest that someone seek legal counsel, but you do not know enough facts about this case, or the relevant law, to offer the conclusion that anyone does or does not have a cause of action.
Shea241, you may have a case, you may not. I don’t know. If you believe that your grandfather died as a result of neglect by the hospital, you need to speak with a lawyer licensed in your jurisdiction. If I were in your situation, I would ask around–starting today–among people I trust, and get a recommendation for a lawyer.
I advise you to be extremely cautious about seeking legal advice on this or any other message board. Your family’s legal position will depend on the specific facts of your case and the specific laws in your jurisdiction, and I do not believe that anyone on this board or anywhere else can offer an opinion on your case based on a brief description posted here.
Please talk to a lawyer.
I agree wholeheartedly with constantine. You need to speak with a lawyer as soon as possible; she will be able to fully investigate the facts of the case and the locally-applicable law and will be able to advise you on how to proceed. If Canada has the same divided Bar as the UK, I think you probably want a solicitor, not a barrister, but that’s pretty much a guess on my part. Hopefully, Northern Piper will stop in a little later and may be able to help us out on that score.
lawboy, at common law the OP probably wouldn’t have had a cause of action (or, if any, only for loss of consortium) because of a lack of privity. This is probably what the person shea’s mother spoke to was thinking of. The privity requirement has been steadily erroded over the last 50 or 100 years, but to exactly what extent in this context in Newfoundland is a question that’s way beyond my ken – and probably anyone else’s who isn’t a properly-credentialed lawyer in the province.
–Cliffy
IANAL either, but here’s a link to NFLD Legal Aid contact info
They will be able to let you know what your options are
Whoops, I realized my typo (should say probably), and tried hitting the back button, to insert further clarification, which somehow resulted in the double post. Ugh!
And, Cliffy, I didn’t get lack of consortium from reading the OP’s fact pattern. All I read was “neglect” (i.e. the tort theory of Negligence, assuming that Canadian law is similar to UK, where I also studied and licensed to practice). Assuming standard duty of care for hospitals in the US/UK with respect to patient care, relatives of the deceased (well, really, immediate family/immediate descendants) should still be able to bring cause of action.
Granted, there is not enough facts here to justify a case for negligence. I should clarify my statements further (my apologies) that if the OP’s family feels that strongly about the hospital’s negligence, then by all means go find a barrister.
Lawboy, perhaps you should go to the pit and read a thread I once wrote about lawyers and law school students and the SDMB.
Shea I agree with the recommendations to consult with a lawyer in your jurisdiction. I don’t know about up there, but I suspect you can get a free consultation with most any Plaintiff attorney–just see if you can find someone that deals with healthcare liability claims–not Joe Schmo lawyer.
lawboy, at common law, even assuming there was negligence in the hospital’s care, the person with standing to advocate that claim would most likely be the decedent himself (and perhaps his estate), not his relatives. They suffered no direct loss (other than perhaps loss of consortium, as noted) and they were not in privity with the hospital.
As noted, that’s the way it would have been centuries ago and only a Newfoundland attorney is going to be able to help shea figure out what law applies today. I would be surprised indeed if strict privity applied in this case, but I sure as hell don’t know.
–Cliffy