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Virginia Attorneys > Blog > Medical Malpractice > MedMal Lawsuit Tossed, But Breach Of Contract Claim Remains

MedMal Lawsuit Tossed, But Breach Of Contract Claim Remains


A Virginia man filed a lawsuit against a hospice care facility after he claimed his wife suffered an excruciating death because of their malpractice. The victim was a 68-year-old woman with terminal breast cancer. She was admitted to the hospice facility on September 17th but didn’t die until the 25th—8 days later.

According to the widower, two of the nurses treated his wife callously and refused to adequately sedate her. The widower also said that the facility refused to provide the names of the nurses who he accused of being improperly or inadequately trained.

Poor treatment 

The plaintiff alleges that not only was his wife improperly and poorly treated by the staff, but the staff would not let him stay with his wife’s body overnight until his son arrived the next day. This resulted in a security incident in which the man was physically removed from the premises by one of the nurses who called the police on him and allegedly shoved him through a door. Further, the deceased’s hospital had ordered a cocktail of drugs that she was supposed to take once she got to the hospice facility, but the hospice facility would not let her take them.

Medical malpractice lawsuit 

The medical malpractice lawsuit filed by the plaintiff was dismissed on a technicality. The plaintiff had not been named the administrator of his wife’s estate. In wrongful death actions, only the deceased’s estate can file suit. Hence why the lawsuit was dismissed.

However, the judge allowed the defendant, who had filed his own case (he was a lawyer) to file a breach of contract lawsuit alleging that the hospice facility agreed to give the deceased the specified drugs and then reneged on that agreement.

Now, his entire case rides on whether or not the hospice facility agreed to give the deceased the drugs that were specified by her original care provider. If not, then the plaintiff may be out of luck.

Hire a lawyer, even if you’re a lawyer 

Unless it’s impossible to find a lawyer who will take your case, it is never a good idea to file a lawsuit on your own, even if you are a former decorated lawyer who worked in the D.C. area, like this plaintiff. In this case, because he was filing a wrongful death lawsuit and he was not the executor of his wife’s estate, his claim was dismissed. He will never have another chance to file that claim. He’s lucky that the breach of contract action survived, but it entirely rides on whether or not he can prove the defendant’s agreed to resume the deceased’s medication once she was admitted to hospice.

Talk to a Charlottesville Medical Malpractice Attorney Today 

If you’ve been injured by the negligent practice of medicine, call the Charlottesville medical malpractice attorneys at MichieHamlett today to schedule a free consultation and learn more about how we can recover damages related to your injuries.



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