A Toms River, N.J. man died after he was discharged by Twin Cedars Senior Living in Shohola, Pa., on Sept. 11, 2018. Eugene Hamill, 81, had a stroke and heart attack after the Pennsylvania facility sent him to Toms River in an Uber despite being told it was unsafe. Now, his widow Jeanne Hamill, has filed a wrongful death lawsuit against the facility and its administrator. The federal lawsuit was filed on February 10 in the U.S. District Court in Scranton.
According to the suit, the Pennsylvania Department of Human Services informed the facility that it was unsafe to discharge Hamill and send him home in an Uber because he suffered from multiple serious medical diagnoses and if they discharged Hamill, the facility could face charges of abandonment of an older adult by a caregiver. Despite that knowledge, they discharged him anyway.
The ride from the Poconos to Toms River was three-hours, during which time Hamill suffered a stroke and a heart attack, and by the time he arrived at his home, he was unresponsive. He was taken to a hospital and intubated, placed in intensive care before being transported to the Whiting Health Care Center where he died on Sept. 26, 2019, according to the suit.
The Pennsylvania Department of Human Services revoked Twin Cedars’ license in December 2018 and issued a provisional license as a result of the incident. According to the violations report, Hamil was a victim of negligence. Since that time, the facility has been purchased and is under new management with a full license.
Clearly, this is a complex case and one no one should take lightly. But what can be done for the victim’s family?
What are your legal options if a loved one dies as a result of negligence?
The case of Eugene Hamill is complicated but the facts of the case stand. Jeanne Hamill has brought a case of wrongful death claim against the facility which can also encompass medical malpractice in the form of premature discharge.
In Pennsylvania, a wrongful death claim can only be brought by the person’s estate. This means the award is limited to the decedent’s spouse, children, and/or parents. And although the widow lives in New Jersey, the neglect took place in Pennsylvania which under the venue rule for medical malpractice, means Jeanne Hamill can file the suit in the county in which the incident took place.
Moreover, since the violations report explicitly details negligence as the cause of death, under Pennsylvania medical malpractice laws, the case is further supported.
What can you do if faced with a wrongful death claim because of a facility’s negligence?
Losing a loved one is detrimental to you and your family. And when that death occurs because of the negligence of someone who is supposed to be caring for that individual, you may find yourself being angry and frustrated. That’s why you need the experience of the Philadelphia wrongful death lawyers at Fellerman & Ciarimboli today.
If you or someone you love have suffered or died because of a healthcare professional’s negligence, time is of the essence. Don’t wait another second! Contact the Philadelphia, Wilkes-Barre, and Scranton medical malpractice lawyers at Fellerman & Ciarimboli today for a free consultation.
With more than 40 years of combined experience, the personal injury attorneys at Fellerman & Ciarimboli strive to provide the best service to clients in Philadelphia, Northeast Pennsylvania, and throughout the Keystone State.