Yes, you may have a personal injury or wrongful death case against a hospice provider if their staff was negligent.

Hospice provides palliative care that is designed to keep your loved one physically and emotionally comfortable at the end of her life. Hospice services may include providing:

  • Pain relief medication
  • Medication to ease symptoms of illness
  • Assistive medical devices to maintain independence and mobility
  • Self-care assistance to avoid bedsores and infections
  • Rehabilitation therapies to make a person more comfortable
  • Counseling services

healthcare worker holding medical syringe with patient in the backgroundTogether, these services can allow your loved to one live as comfortably as possible. However, hospice workers must use reasonable care in their work to prevent dangerous mistakes.

Hospice Negligence Can Cause Serious Harm

Even though your loved one is nearing the end of her life when she enters hospice care, she still has rights. If she suffers physical injury or even death as a direct result of hospice staff negligence, she could recover damages for her injury or her estate could recover damages for her wrongful death.

Hospice providers may be liable for negligence if:

  • They owed your loved one a duty of care. If your loved one has a contract with a hospice provider, she is owed a duty of care.
  • Workers breached the duty of care by failing to act with reasonable care. This could happen, for example, if they provided the wrong dose of medication.
  • The breach of the duty of care caused your loved one’s injury or death. In other words, your loved one would not have been hurt or died when she did but for the hospice workers’ actions or inaction.
  • You have a legal right to damages.

In some cases, you may also have a breach of contract claim if hospice did not provide the services agreed upon in your contract, or you might have an elder abuse claim if a hospice worker intentionally hurt your loved one.

Hospice May Not Be the Only Negligent Party

It is often difficult to know whether the hospice provider, nursing home, or hospital caused your loved one’s injury or death. Our lawyers can get that answer for you and take the necessary steps to protect your loved one’s legal rights. Contact us today for a free, confidential consultation about your loved one’s rights.

Mark K. Gray
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Louisville attorney serving the seriously injured in Kentucky

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