Can I file an accidental death insurance claim

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My husband aspirated and it caused him to have cardiac arrest . So they listed on his death certificate he died of cardiac arrest (natural causes). The morning about 4 a.m. he told the nurse he was hungry so he gave him pudding and crackers counting the time thinking he had time to digest it by 12p.m. but at 6:55 he was served breakfast because the nurse decided to take the sign off the door when the shift changed because she wasn't sure if he was having surgery or not. They came for my husband after 12 p.m. So during the prep he started aspirating the food blocked his airways and caused him to have cardiac arrest so in my eyes that sounds like accidental death because it's not like he just caught a heart attack.

Attorney Answers

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David Rutledge ·
I am sorry to hear about your loss. Just to help clarify what kind of claim you are talking about, it would not be an accidental death. There is no claim for accidental death. to have a claim, someone has to be at fault for his death. There is a personal injury claim for medical malpractice if the hospital or nurse caused his death. That is the claim I believe you are referring to. Yes, you very well could have a medical malpractice claim against the hospital's insurance policy. It is very important that you contact a personal injury attorney in your area (Lafayette) so that you can have proper legal representation to protect your interests. I hope I was able to help you.
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