What's the SOL on wrongful death

What is the name of your state?KY

I was wondering what the statue of limations are for wrongful death? I was wondering because my mother-in-laws mom died and we just got her records after fighting with the nursing home and they show that they gave her way to much of a drug to close together and she died 2 hours later.

Were they making her comfortable? Was the drug, Morphine?

No they were not try to make here comfortable. They were try to put her to sleep using ativan that had a reverse affect on her and would keep her up for days at a time. That was stated in her records from the hospital that she was in. It would make her stay up for 2 to 3 days at a time. Anyways they gave her ativan then turned around and gave it to her again 45 minutes later. She died 2 hours later after the last dose of ativan.

. Ativan (Lorazepam) is a CNS depressant. Was your MIL mom terminal? Other Rx? was there an autopsy? her age?

tphillips78 said:

I was wondering what the statue of limations are for wrongful death? I was wondering because my mother-in-laws mom died and we just got her records after fighting with the nursing home and they show that they gave her way to much of a drug to close together and she died 2 hours later.

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Wait and see if Ellencee posts. She is EXTREMELY knowledgeable about both the medical and pharmacological issues that you raise.

As for your question re: SOL for a wrongful death claim in KY is one year from the death. Here is a link to the statute:
http://162.114.4.13/krs/413-00/140.PDF

For more, go to: http://www.louisvillelaw.com/medical/malpractice/stat_limitation.htm

No she wasn't terminal. No there wasn't autopsy because my MIL had cancer and was going through cemo and said it was to stressful. A few months after the funeral my MIL called and asked the nursing home for her records and the nursing home said they would get them. A few months past and nothing. So my MIL called again and they said that they could not find her records. So my MIL went down there and told them to give her the records a few more months and we finally got the records when we noticed that the chart were they list the meds they give her was different were they gave ativan. It shows where they tried to change the date and eveything. You can see it clear as day. Plus the handwritting on the shift nurses notes changes. It goes from telling when they gave her the first dose in someone else handwritting to giving her the second dose 45 min. later in some else handwritting to her dying back in the first persons handwritting. Plus when they called to tell us she pasted away it was 3:15am. In the records it says they called the family, doctor,and everyone else at 4:15Am and that she died at 3:55am. I know when they called because I was up watching TV and taking care of my daughter. They also cleaned her up before my wife, her brother, and MIL got there to see her which doesn't make sense because my wife left the house before 3:45am and called me from up there at 4:05am. So how did she die at 3:55am and they have her cleaned up before my wife and her brother made it up there at 4:05Am? She was only 62.

I asked the questios for a reason, you have given us more insight now. As JETX said the SOL for wrongful death in kY is one year, you may have come close to the with the delays obtaining the records, but you have only recently discovered some things. However there was no autopsy done because she was being treated for cancer, this indicates that she was on more than one Rx and cancer often times is considered fatal, not everyone survives treatment. You may attribute her death to Ativan but it may be due to somehting else including the cancer and without an autopsy would make that difficult to prove. You need to consult with an attorney specializing in medical malpractice and or personal injury, for there may be other options. Time is still of the essense.

My MIL had cancer not my MIL's mom who died. Is there anyway to extend the SOL that you know of since the nursing home kept the records for so long and kept putting give them to my MIL? Sorry about the mix up.

Consult an attorney

tphillips78
Certainly, you must consult with an attorney about the statute of limitations for wrongful death. There may be other avenues for a suit. More likely than not, the nursing home violated several areas of this woman's patient's rights. The delay in providing a copy of the records is a violation of duty and (I think) of patients' rights.

As for the issue of Ativan. When I first read your post, I thought, 'hypoxia; not true agitation'. The client was seriously ill, post or current chemo therapy, and exhibiting signs and symptoms of hypoxia (restlessness, agitation). In a longterm care setting, there is one treatment option available: client receives a medical examination by an MD, either in the ER or in the longterm care facility.

Ativan is strongly contraindicated in the elderly, the seriously ill, and those with potential respiratory deficit. This person had all three. When Ativan must be given to a person with any of the above mentioned conditions, resuscitative equipment for ventilator support must be readily available.

Ativan peaks in 1-6 hours. This woman received two doses within that time period putting her at risk for sudden death from respiratory deficit or cardiac hypoxia.

Please meet with an attorney with experience in longterm care cases. I'd love to consult on this case and rip them to shreds. (please don't anyone think I am soliciting business--"I'd love to consult..." is just an expression!)

EC

tphillips78 said:

My MIL had cancer not my MIL's mom who died. Is there anyway to extend the SOL that you know of since the nursing home kept the records for so long and kept putting give them to my MIL? Sorry about the mix up.

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Ellen, it gets more confusing, because now he says it was the MIL getting cancer Tx and her MOM that died. nothing fits and this poster has 3 threads, each with something different, one about his wife's blotched D&C another about his disabiltiy and never being able to return to work and LTD about to run out and looking at SSDI.

If you read the post from earlier it says " My MIL had cancer and was going through cemo and said it was to stressful." I never said that the patient had cancer or anything terminal. She was disabled because she lost her leg do to diabetes. What does the other 2 threads I have on here have to do with this one. I opened this one for my MIL go get some questions answered. I thought this was a site to ask questions about stuff you need help with get them answered. I can not help that my family has had a run of really bad luck. About my health. I have a spot on my brain that causes me to black out, lose feeling in my legs, my arms to trumble, and for my vision to come and go when it wants. I'm sorry that some people are not blessed with perfect health or that everything in there family goes as they want it to.

rmet4nzkx
You are right about the MIL--I knew that! A big oops for me tonight!

It does not change my initial impression or my opinion. When an elderly person is restless, what are the two causes that must be ruled out or ruled in? hypoxia and electrolyte imbalance, in that order. True, the 62 year-old woman is not elderly by age, but by physical condition in a person of her age.

It remains that a change in status such as an onset or increase in restlessness or agitation must first be evaluated by an MD even if such evaluation begins with administering a comfort level of oxygen (2L/m) and evaluating electrolytes.

Without knowing anything other than the woman was in a longterm care facility, responded adversely to Ativan, received a double dose and died within 6 hours, it is very easy to make this statement: More likely than not, the client died because of medical negligence and probably because of one or more nurses (RN and, or LPN) exceeding the scope of their practice and practicing medicine without a license.

tphillips78

I can not help that my family has had a run of really bad luck. About my health. I have a spot on my brain that causes me to black out, lose feeling in my legs, my arms to trumble, and for my vision to come and go when it wants. I'm sorry that some people are not blessed with perfect health or that everything in there family goes as they want it to.

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Don't start that. Or would you like to hear how many family members and friends and children of my friends that we have unexpectedly buried since the week of Thanksgiving 2003?
EC

I asked him specific things about the patient which he answered and then he added this stuff about the cancer and chemo which put the whole thing in a different light, then in the last post suddenly states the the patient who died had diabetes and lost a leg, which opens up a lot of possibilities so we still don't know what other Rx in addition to Ativan. Neglence seems evident but the posts are so confusing and OP under considerable stress, of course a timely autopsy would have made a big difference.

rmet4nzkx

of course a timely autopsy would have made a big difference.

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Depending on the deceased's resident facility's state's laws, the absence of an autopsy may preclude any possible wrongful death suit but not other suits based on some of the other issues.

Consulting an attorney is the only advice; and, you stated that long ago.

EC