Can You Sue Hospice Care For Negligence?

Hospice care is a comprehensive approach to end-of-life care for individuals with terminal illnesses, typically those with a prognosis of six months or less. It focuses on enhancing quality of life and providing comfort rather than pursuing curative treatments. Key elements include expert pain and symptom management, emotional and spiritual support for patients and families, and care from an interdisciplinary team including doctors, nurses, social workers, and other specialists.

The care encompasses a wide range of services including 24/7 support, medication management, personal care assistance, and necessary medical equipment provision. Hospice care is designed to comfort and support people facing the end of their lives. For many families, it offers relief during a stressful time. However, the consequences can be devastating when hospice services don’t live up to their promises.

If you suspect that your loved one has suffered harm due to negligence in a hospice setting, you may wonder if you can take legal action. The short answer is yes, you can sue hospice care providers for negligence under certain circumstances.

Understanding how hospice negligence works and what steps to take can help you make an informed decision.

What Can Be Considered Hospice Negligence?

Hospice care negligence occurs when the professionals responsible for providing end-of-life care fail to meet the required standards, harming the patient. Neglect in hospice care can include not giving medication correctly or simply ignoring the patient’s needs.

The important thing to consider is whether the hospice provider did something wrong or failed to do something they should have, which resulted in the patient getting hurt or increased suffering.

Some examples of hospice negligence include:

• Failure to provide adequate pain management: Patients in hospice often experience significant pain. Neglecting to offer pain medication for relief can result in unnecessary suffering.
• Improper monitoring of the patient’s condition: Hospice staff are expected to monitor patients closely and adjust medical care as necessary. Not noticing changes in the patient’s condition can lead to serious harm.
• Lack of basic care: Neglecting to help a patient with essential activities like eating, drinking, or maintaining personal hygiene is another form of negligence.
• Medication errors: Administering the wrong medication or dosage can have deadly consequences for hospice patients.
• Inadequate staffing: Some hospice providers are understaffed, leading to rushed, improper care.

Hospice Patients Can Suffer Neglect And Harm

The consequences of hospice care negligence can be severe. Unfortunately, some patients may endure unnecessary pain or even death as a result of poor level of care. When this happens, families can hold negligent hospice workers accountable.

Medical Malpractice

Medical malpractice, a serious form of negligence in hospice care, occurs when healthcare providers fail to meet the accepted standard of care that competent professionals provide in similar circumstances. In hospice settings, where patients are already dealing with advanced-stage illnesses, such lapses can lead to additional, unnecessary suffering. Examples include doctors prescribing incorrect medications, nurses failing to adequately monitor a patient’s condition, overlooking important symptoms, or improperly administering treatments. These errors can exacerbate pain, cause distressing side effects, or diminish the quality of life during a patient’s final days.

When a healthcare professional’s actions or inactions directly cause such harm to a hospice patient, it may constitute grounds for a malpractice lawsuit. If successful, legal action can compensate for additional medical expenses, pain and suffering, and other related damages. However, not all negative outcomes in hospice care result from malpractice; the distinction lies in whether the care provided fell below accepted professional standards and directly led to increased suffering.

Elder Abuse

Elder abuse is another serious issue that can occur in hospice facilities. This type of abuse might involve physical harm, emotional distress, or financial exploitation. While hospice care is meant to be compassionate, there are instances where caregivers mistreat elderly patients.

Signs of elder abuse in hospice care can include:

• Unexplained bruises or injuries
• Sudden changes in the patient’s mood or behavior
• Poor living conditions, like unsanitary environments
• Financial transactions that the patient or family didn’t authorize

If you believe that your loved one is a victim of elder abuse in hospice care, it’s critical to act quickly. In addition to filing a legal claim against hospice care, you may need to involve local authorities to ensure your loved one’s safety.

Wrongful Death

Wrongful death claims in hospice care are possible, but they require careful consideration of the specific circumstances. In hospice, patients are generally expected to have a limited life expectancy due to their terminal illness. However, this doesn’t exempt healthcare providers from their duty to provide appropriate care. If negligence or  other actions significantly shortened the patient’s life or caused undue pain and suffering at the end of the patient’s life, there may be grounds for a wrongful death claim. However, the damages could be limited due to the short life expectancy of a hospice patient.

Steps to Take If You Suspect Hospice Care Negligence

If you suspect that your loved one has been harmed by negligent hospice care, it’s essential to act quickly. Here’s what you can do:

• Document everything: Keep detailed records of your loved one’s care, including any issues or changes in their condition. Take photos of injuries or poor conditions, and write down the names of the staff involved in their care.
• Speak with the hospice care providers: In some cases, issues can be addressed by talking to the hospice team directly. However, you may need to take further action if you’re dissatisfied with their response or feel they’re trying to cover up the problem.
• Get a second opinion: If you suspect medical malpractice, another healthcare provider may be able to review your loved one’s care and provide a second opinion on whether medical negligence occurred.
• Consult an attorney: Speaking with a personal injury attorney with experience in hospice care negligence is key. They can help you understand your rights and determine whether you have a negligence claim.

Filing a Lawsuit Against a Hospice Care Provider

If it’s clear that negligence or abuse occurred, the next step is to file a lawsuit against the hospice care provider. This process can be difficult, but legal advice from an experienced hospice abuse attorney can guide you.

To file a lawsuit, you’ll need to prove several key elements:

• Duty of care: The hospice provider owed a duty of care to the patient. This is usually straightforward because hospice care providers are legally obligated to care for their patients.
• Breach of duty: The provider failed to meet the required standard of care. This could involve neglect, medical malpractice, or abuse.
• Causation: The provider’s negligence directly caused harm to the patient. In other words, you must show that the patient’s injury or suffering resulted from the provider’s actions or lack of action.
• Damages: You’ll need to demonstrate that the patient suffered harm, such as physical pain, emotional distress, or financial loss, due to the negligence.

A successful lawsuit can mean compensation for medical expenses, emotional suffering, funeral costs (for wrongful death), and other damages.

An Attorney Can Help

If you suspect your loved one has suffered due to hospice care negligence, our experienced attorneys at Regan Zambri Long understand the sensitive nature of hospice care cases and are here to help you seek justice. Our law office can guide you through every step of the legal process, from gathering evidence to filing a lawsuit.

At Regan Zambri Long, we believe that hospice care providers should be held accountable when they fail to provide patients with the compassionate, competent care they deserve. If you’re unsure whether you have a case, contact our law firm for a free consultation to help you understand your options during this difficult time.