My mom was forced to go to memory care because she had walked out of the assisted side twice with her walker. Two months ago she somehow "got out" of a locked down facility, was missing for two hours before the facility called the police and later died from her injuries. That she also had burns on her backside that they cannot explain also bother us. She had one of her children with her everyday. This happened before her son arrived on that day.
Where do I turn for help?
"whether they were settled before a jury trial or a judgment was issued pursuant to a jury trial."
6. Should have indicated that once you decide on an attorney (or a few), interview and decide if you still want that attorney. It doesn't hurt to interview with more than one to ensure that you and the attorney are both in agreement as to what should happen, what his/her fees will be, etc.
10. If the medical opinions don't support a conclusion of negligence, the attorney will tell you, and advise that there's no case. You likely will be responsible for the cost of the medical records and the medical opinions.
2. What does the death certificate show as the cause of death? Who signed it - the doctor for the facility?
3. Contact the state bar association or the county bar association for your state and county and ask for a list of plaintiff medical malpractice attorneys. Don't be concerned with any other practice area, especially a general litigator or personal injury attorney. You need a medmal attorney.
4. Look up the attorneys' websites; generally the most experienced and best ones are affilliated with firms in which other attorneys are also medmal attorneys. Firms have more resources to handle cases than single practitioners.
5. Some circuit courts have online dockets; call your county to see if it does, then ask how to search for medmal cases by attorney. Check for settlement stipulations and orders, and/or jury awards - these would be listed in the dockets.
That will give you an idea of the number of cases your potential attorney has filed and whether they were settled before or after a jury trial. You want someone who's going to do the best for you that he/she can, not someone who files and settles by volume, as some attorneys do.
6. Explain the case to the attorney to whom you're directed when you call, and if you're both interested, go to meet with him/her. Be prepared to provide copies of any documentation you have, such as the police report, logs of your calls to the facility, etc.
7. Attorneys are interested only in facts, so stick to them and don't get involved with ancillary issues that don't speak to the facts of the situation.
8. You'll most likely be asked to execute a Retainer Agreement which sets forth the terms under which the attorney is retained.
9. Your attorney will order a copy of your mother's chart from the facility and will have it reviewed by a specialist in an appropriate field of medicine to determine if there is in fact any negligence. Some attorneys have nurse practitioners and/or nurses on staff who also conduct their own reviews.
If the attorney can obtain other medical opinions supporting a conclusing of negligence, the attorney can put the facility on notice, and/or file a lawsuit. It depends on state law. Michigan, for example, used to require a specific time frame for notification before suit could be filed.