Wrongful death

[Marcella]

What is the name of your state? CA
My aunt is filing a law suit for wrongful death against a well known medical institution in CA known for killing patients, her husband was grosly neglegted under this medical institution's care and this resulted in his death. My aunt is going through an arbritation panel and the maximum she can be awarded is $250K. - the attorney representing her is taking 33.3% and she just learned that her husband's children (2 daughters) who are grown and do not have a relationship with her by law need to be notified of the law suit and given the option to join in - my aunt is sure that they will want part of any awards, how much do they get? My Aunt has no income and has been going through financial difficulties since her husband past away, she is not able to work because she has poor health and is not intitled of any benefits until next year (social security) which is only $1,000 a month - she lives in a nice home and has had the house for sale since her husband past away almost a year ago, however has not been able to sell them home.

 

[rmet4nzkx]

What is the name of your state? CA
My aunt is filing a law suit for wrongful death against a well known medical institution in CA known for killing patients, her husband was grosly neglegted under this medical institution's care and this resulted in his death. My aunt is going through an arbritation panel and the maximum she can be awarded is $250K. - the attorney representing her is taking 33.3% and she just learned that her husband's children (2 daughters) who are grown and do not have a relationship with her by law need to be notified of the law suit and given the option to join in - my aunt is sure that they will want part of any awards, how much do they get? My Aunt has no income and has been going through financial difficulties since her husband past away, she is not able to work because she has poor health and is not intitled of any benefits until next year (social security) which is only $1,000 a month - she lives in a nice home and has had the house for sale since her husband past away almost a year ago, however has not been able to sell them home.

Well if she is represented by an attorney then the attorney should be able to answer her questions. If this is going through arbritation then his death must have ocurred in a HMO? Yes the heirs must be notified of the litigation. How long were they married? What was the nature of this wrongful death? Just because there is a $250 K cap doesn't mean she will get that much or that she will have any money in hand for some time. If she is disabled she can apply for Social Security Disability even though she is only 59 , so she shuold contact the local Social Security office but after getting some assistance in filing a claim. Has she ever worked or when was the last time she was employed? In what county did the death occur?

 

[ellencee]

What is the name of your state? CA
My aunt is filing a law suit for wrongful death against a well known medical institution in CA known for killing patients, her husband was grosly neglegted under this medical institution's care and this resulted in his death. My aunt is going through an arbritation panel and the maximum she can be awarded is $250K. - the attorney representing her is taking 33.3% and she just learned that her husband's children (2 daughters) who are grown and do not have a relationship with her by law need to be notified of the law suit and given the option to join in - my aunt is sure that they will want part of any awards, how much do they get? My Aunt has no income and has been going through financial difficulties since her husband past away, she is not able to work because she has poor health and is not intitled of any benefits until next year (social security) which is only $1,000 a month - she lives in a nice home and has had the house for sale since her husband past away almost a year ago, however has not been able to sell them home.

Such audacious greed! The woman lives in a nice house, receives $1,000 a month income and stands to receive somewhere around $75-100,000! Cry me a river!

EC

 

[barry1817]

Such audacious greed! The woman lives in a nice house, receives $1,000 a month income and stands to receive somewhere around $75-100,000! Cry me a river!

EC

A $100,000 settlement invested at current CD rates get about $5300 a year in income. Less than $500 a month to add to her $1000 a month. Depending on where she lives that may not be a lot of money.

I know that I wouldn't trade in a loved one for $500 a month.

 

[ellencee]

A $100,000 settlement invested at current CD rates get about $5300 a year in income. Less than $500 a month to add to her $1000 a month. Depending on where she lives that may not be a lot of money.

I know that I wouldn't trade in a loved one for $500 a month.

Neither would I; but, that is not the point. The point of the thread is, "can we cheat the other heirs out of what is rightfully theirs?" Of course, if the children are not entitled, then it is moot.

Greed is the correct description of actions that begin with trying to keep others from what is rightfully theirs.

Remember, too, the woman does not have a house payment, etc. Her income is for other necessities. I think, regardless of where she lives, $1500 a month will pay for her needs and if the poster is lucky, will even leave some left over for him/her.

EC

 

[barry1817]

Neither would I; but, that is not the point. The point of the thread is, "can we cheat the other heirs out of what is rightfully theirs?" Of course, if the children are not entitled, then it is moot.

Greed is the correct description of actions that begin with trying to keep others from what is rightfully theirs.

Remember, too, the woman does not have a house payment, etc. Her income is for other necessities. I think, regardless of where she lives, $1500 a month will pay for her needs and if the poster is lucky, will even leave some left over for him/her.

EC

Living in a house that has no mortgage does not negate the need to pay property taxes based on some value of the house.

Throw in health insurance, auto insurance, price of gasoline and heating fuels, water bill, phone bill cable bill, and depending on where you live if might be outrageous to think that $1000 a month is sufficient to live on

 

[Marcella]

Ellen, I beleive you are confused and my honest e-mail may have been misleading.

1. The house is not fully paid for (I never said that in my initial e-mail, I am not sure what gave you that idea) in fact, the house is a big expense which is why she has the house for sale, however the real state market in California has slowed down a great deal.
2. My aunt was a house wife, she is ill and has no income (we are all having to step in for her to assist her with all expenses, including medical, food, mortgage payments, insurance, taxes etc....)
3. This is not a situation of greed, the grown children did not have a close relationship with their father nor the step-mother, I believe everyone including the children are still mourning the death of their father and may have regrets for not having a close relationship with him, as a matter of fact, when the father was in his death bed the daughters were at a baby shower, however that is besides the point. If they are entitled by law to be awarded any funds, my aunt simply wants to be prepared and would like to get an idea of much that would be, she is not trying to cheat anybody out of anything, if any one cheated anybody here was the health care institution who killed her husband!
4. $250K (if that much) is nothing compare to the life of her husband, , the original question was how much are the daughters entitled to? they are married and successful, the potential $$$ my aunt will get from this wrongful death will be her only source of income for a while, her husband past away a year today.

One more thing, no one here asked for your personal opinion, I advise you ask for more details before passing judgment.

Thank you.

 

[Marcella]

ellencee, I beleive you are confused and my honest e-mail may have been misleading.

1. The house is not fully paid for (I never said that in my initial e-mail, I am not sure what gave you that idea) in fact, the house is a big expense which is why she has the house for sale, however the real state market in California has slowed down a great deal.
2. My aunt was a house wife, she is ill and has no income (we are all having to step in for her to assist her with all expenses, including medical, food, mortgage payments, insurance, taxes etc....)
3. This is not a situation of greed, the grown children did not have a close relationship with their father nor the step-mother, I believe everyone including the children are still mourning the death of their father and may have regrets for not having a close relationship with him, as a matter of fact, when the father was in his death bed the daughters were at a baby shower, however that is besides the point. If they are entitled by law to be awarded any funds, my aunt simply wants to be prepared and would like to get an idea of much that would be, she is not trying to cheat anybody out of anything, if any one cheated anybody here was the health care institution who killed her husband!
4. $250K (if that much) is nothing compare to the life of her husband, , the original question was how much are the daughters entitled to? they are married and successful, the potential $$$ my aunt will get from this wrongful death will be her only source of income for a while, her husband past away a year today.

One more thing, no one here asked for your personal opinion, I advise you ask for more details before passing judgment.

Thank you.

 

[Marcella]

rmetynzky

Thank you for your intelligent questions and reply.

1 - you are correct the attorney representing her should be able to answer my aunt's questions, however he is being evasive.
2. Yes, the death did occour in a HMO.
3. They were married 15 years.
4. The nature of the wrongful death is complicated and I do not have all the details, from being at the hospital, I know one of the issues was that he was given the wrong medication which was meant for another patient (the doctor mixed up the paper work), apparently he was alergic to the medication and this caused him to go into cardiac arrest and he ended up in a comma and ultimately brain dead, there are also other factors, he was given the wrong antibiotic and his blood test was never turned to the lab on time, etc...
5. It is good to know that "just because there is a $250 K cap doesn't mean she will get that much or that she will have any money in hand for some time".
6. The death occured in El Dorado County.

 

[weenor]

1. The house is not fully paid for (I never said that in my initial e-mail, I am not sure what gave you that idea) in fact, the house is a big expense which is why she has the house for sale, however the real state market in California has slowed down a great deal.
2. My aunt was a house wife, she is ill and has no income (we are all having to step in for her to assist her with all expenses, including medical, food, mortgage payments, insurance, taxes etc....)
3. This is not a situation of greed, the grown children did not have a close relationship with their father nor the step-mother, I believe everyone including the children are still mourning the death of their father and may have regrets for not having a close relationship with him, as a matter of fact, when the father was in his death bed the daughters were at a baby shower, however that is besides the point. If they are entitled by law to be awarded any funds, my aunt simply wants to be prepared and would like to get an idea of much that would be, she is not trying to cheat anybody out of anything, if any one cheated anybody here was the health care institution who killed her husband!

Yes they are entitled to their share of the estate. Absent a will, they are entitled to the percentages set for in CA probate law. Again her attorney can advise her on that.

4. $250K (if that much) is nothing compare to the life of her husband, , the original question was how much are the daughters entitled to? they are married and successful, the potential $$$ my aunt will get from this wrongful death will be her only source of income for a while, her husband past away a year today.

One more thing, no one here asked for your personal opinion, I advise you ask for more details before passing judgment.

Thank you.

The relative financial condition of the heirs is irrelevant to the distribution from the estate. Again, absent a will they have to divy everything up per the statute.

 

[rmet4nzkx]

Yes the children of the deceased need to be notified and to join in the action and it is possible that there could be some sort of agreement that they receive less than what their portion might be under California's intestate laws, and in all fairness they should receive at least as much as they have fronted their stepmother to live. As you can understand, relationships between parents and their children often become strained when they remarry and often the new step parent is less than welcome couple that with an unexpected obligation and you get this end result. Maybe they will act like adults, but there is no guarentee. Does your aunt have any children of her own to help? Is it possible for her to sublet a portion of her home to help meet expenses? El Dorado County is a resort area and bedroom community of Sacramento and Real Estate can be somewhat slow depending on where they live and the demand for their property.

It would be helpful to know your aunt's age and the nature of her disability or ill health in locating some resources for further advice although she may call the Placer Independent rescource Center at 530-885-6100 for some assistance in managing the practical aspects of life and in applying for available programs.

If there truely was an error such as you describe where another patient's medication was given by mistake and there is proof in the records she has a a case otherwise the attorney would not have taken the case as HMO's in CA cannot be sued per se that is why the case is in abritation. If your anut's husband's allergy was known and noted in the hospital charts this would give her a stronger case or could mitigate the damages somewhat depending on the circumstances. It is very important that they have experts to examine the pharmacology allegations in the lawsuit a good expert will be worth the cost. It is possible that the attorney is less communitative trying to keep the costs down because there will be costs for experts and all the depositions but they should still communicate or at least their staff should be avail able to answer her questions and if she is not competent, perhaps a trusted relative or friend might accompany her or be authorized to communicate. If she is not competent, she may qualify for benefits sooner. Is this an attorney with a reputation for medmal or PI cases with a good track record?

Is there life insurance?

Your aunt may also make administrative complaints re the hospital to:
Joint Commission on Accreditation of Healthcare Organizations http://www.jointcommission.org/
Department of Managed Health Care http://www.dmhc.ca.gov/
The Medical Board of California
http://www.medbd.ca.gov/
California Department of Consumer Affairs license lookup web page. http://www2.dca.ca.gov/pls/wllpub/wllquery$.startup

 

[Marcella]

response to rmet4nzky

Thanks again, the children of the deceased have been notified, my aunt's attorney made it very clear that he will not be representing them, however in the case that they bring in their own attorney, will they have to now split the money 4 ways -she is oviously concerned because there is not much money to begin with. I also wanted to clarify that the step children have not fronted my aunt any money to assist her with anything, we are helping her with the expenses not the step children. My aunt has no children of ther own, her sister, brother and extended family has been assisting her. You are correct about El Dorado County being a resort area and bedroom community of Sacramento, she has tried renting a room to help out with the expenses, but there are no Universities or work close by, the closest city near by is about 30 miles away and there is not much of a market for subleases.

There was no life insurance nor any other kind of assests that she can depose of (other than the house). Thank you for all the additional information.

 

[rmet4nzkx]

You didn't answer the questions re her disability or health, check with the CIL office I gave reference to earlier as there may be sources of support.

 

[ellencee]

1. The house is not fully paid for (I never said that in my initial e-mail, I am not sure what gave you that idea) in fact, the house is a big expense which is why she has the house for sale, however the real state market in California has slowed down a great deal.
2. My aunt was a house wife, she is ill and has no income (we are all having to step in for her to assist her with all expenses, including medical, food, mortgage payments, insurance, taxes etc....)
3. This is not a situation of greed, the grown children did not have a close relationship with their father nor the step-mother, I believe everyone including the children are still mourning the death of their father and may have regrets for not having a close relationship with him, as a matter of fact, when the father was in his death bed the daughters were at a baby shower, however that is besides the point. If they are entitled by law to be awarded any funds, my aunt simply wants to be prepared and would like to get an idea of much that would be, she is not trying to cheat anybody out of anything, if any one cheated anybody here was the health care institution who killed her husband!
4. $250K (if that much) is nothing compare to the life of her husband, , the original question was how much are the daughters entitled to? they are married and successful, the potential $$$ my aunt will get from this wrongful death will be her only source of income for a while, her husband past away a year today.

One more thing, no one here asked for your personal opinion, I advise you ask for more details before passing judgment.

Thank you.

It's OK for you to give your personal opinion and to pass judgment, huh? Everyone who "asks" here receives nothing but a personal opinion, albeit a personal opinion based on professional expertise and the no-evidence, no-proof information that we have with which to base our professional opinions.

Here's my next bit of personal opinion and advice. Let you aunt handle her own affairs. She has an attorney that she is paying about $90,000 to do the worrying for her and to prepare for the outcome.

Obviously, you anticipate gaining something from this. Don't deny it; it would only make you look more guilty of selfish motives than you already do.

EC
I am a Nurse.
I'm here to save your ass,
not kiss it.

 

[Marcella]

ellencee - "nurse rachet"

Your lack of compassion is amazing, a "nurse" too bad for your patients, if this is the cold way you treat them. You are way wrong about everything that you are insinuating and have no idea what you are talking about, it is obvious that you have a lot of anger in your heart and do not believe in simply helping others without having any alternative motives, I am not sure what state you are from, but believe me the amount of $$$$ my aunt maybe awarded is not much in California, not even enough for her to live off, let alone spread around you have misunderstood the whole situation and it is obvious that you are participating on this forum just to let off some steam... so keep on, I will just ignore your next response. Good luck to you in the future and I hope you can work out whatever problems you maybe going through. .