What Is Hospice Care?
Hospice care (also known as palliative care, when begun at diagnosis) is
for terminally ill people who have stopped life-saving treatment. It is
intended to keep recipients comfortable and cared for during their final
days. However, without proper caution, training, and attention, caregivers
can make major mistakes and do great harm to terminally ill patients.
Patients can contract serious infections, experience additional pain and
suffering, and even die sooner than necessary when hospice care is administered
Can I Sue for Hospice Care Negligence?
Yes. However, the sort of claim you file will depend on the nature of the
harm caused and the resulting suffering.
Breach of Contract: If the agency providing hospice care did not provide contractually agreed-upon
services, they may have violated your contract. In such cases you may
be entitled to a refund.
Wrongful Death: There is no irony in suing a hospice agency for wrongful death, especially
not if the negligence of an agency or individual caregivers contributed
to your loved one’s death. While it is understood that the person
receiving hospice care is preparing for the end of their life, you may
be able to make a case for wrongful death if your loved one passed away
as a direct result of failure or error by a hospice care provider.
Medical Malpractice: Hospice care providers will sometimes help administer medication, medical
treatment, and some forms of therapy, depending on the needs of the patient.
You may have a case for medical malpractice if hospice has provided any
medical services to your loved one without exercising appropriate care
and your loved one suffers needlessly or dies as a result.
Can I File a Claim for a Family Member or Friend?
Depending on the circumstances of your loved one’s negligence-related
injury or death, you may be able to file a claim on their behalf. If you
have power of attorney or are the legal guardian, you are able to take
legal action in their defense. However, the type of claim you should file
and whether or not you should be the one to file it depends entirely on
the circumstances of the case.
We strongly advise that you not stay silent about hospice negligence or
attempt to deal with it on your own. If you aren’t entirely sure
you have a solid case, reach out to our Austin injury attorneys and let
us help you evaluate your options.
Call Komie & Morrow, LLP at (512) 640-2050 or fill out this short form
to receive a free evaluation.