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My Dad had a whipple surgery and beating pancreatic cancer and all odds of survival. Doctor said he was cancer free and then was injured, neglected, suffered due to nursing home staff and died with no justice please someone help me to get him the justice he deserves.

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There is so much missing here. The age of Dad for one and what kind of injury did he have.

Few people survive pancreatic cancer. I just read up on the whipple and it does not seem to be an easy procedure. And I agree, its been too long to sue now. You can't expect the NH to have records from 9 years back. If they do, they are probably in a basement or warehouse. You personally would need proof for a Lawyer even to consider taking a case in the beginning. Yiu have to orove there was negligence. The doctors and nurses involved are probably no longer working at the facility. My daughter is always changing jobs. Then its remembering your Dad. Staff goes thru lots of residents in 9 years.
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Justice,
As an old retired RN I can assure you that, as Loopy says, your father was very unlikely to survive pancreatic cancer. I will also tell you that the Whipple procedure is one of the most difficult surgeries to survive that I personally know of. Survival is rare.

This happened in 2016. Not only is the statute run out for legal action almost certainly, but you are, if still so beset by this tragic loss and all your poor dad endured and you stood witness to, needlessly tormenting yourself for no reason. In these many years I am certain that legal counsel has already told you this.

The current DSM-5 has a new diagnosis of Complicated Grieving, and that--to ME--seems where you are stuck. I would get grief counseling now with a good cognitive therapist. Justice for your father is NOT a "thing". As the poet and undertaker Thomas Lynch said--and I don't have exact quote--when someone dies there is nothing whatsoever you can do with, for, about or TO him that will ever make any difference.
You are choosing to avoid the walk through grief by being angry and assigning blame. Your Dad wouldn't want this suffering for you.

Please get help. I am so sorry for this loss, but it is one, if we live long enough, that is inevitable. There is no way out of grief but straight through it. My heart goes out to you. Please comfort yourself that your father's suffering is over, and don't worry that when you stop grieving him he will leave you. He will never leave you. I am 82 and my Dad still lives within me, strong and kind and gentle as ever he was.
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MiaMoor May 19, 2025
That is a beautiful sentiment, Alva.
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I'm sorry you still feel this way. As other members have posted it is probably too late. Googling how long facilities in New York have to keep medical records of those discharged or death, as an example, the time limit is 6 years. After that, the records can be/ and probably is deleted from their system.

Again, so sorry.
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Why now and not then? And what evidence do you have of NH neglect?

I’m not a lawyer, but it doesn’t seem you have enough for a case. Hiring an attorney is expensive. Acting as your own attorney would be even worse. Going broke and being angry is not justice for your father.

As sad as it is, there was no way your father was going to beat pancreatic cancer.
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My friend and her husband are adamant that the hospital, specifically the surgeon, is to blame for her needing a stoma following surgery to remove ovarian cancer and the fallopian tube that had attached to the bowel.
Her bowel burst a week after the surgery, which they believe is due to the surgeon not stitching up properly. I've tried to explain how that's unlikely and that there are other reasons why the bowel will burst following a resection, such as infection (which did occur) or some other cause of inflammation - my friend has diverticulitis.

However, I think that they just need someone to blame. It's really difficult to accept that a body cannot just be fixed like a machine. We all react differently to treatment because of a myriad differences in our bodies. Medicine cannot be an exact science for this reason.

My friend had a very good chance of recovering from cancer, but her chances have now fallen due to not eating and being too weak to finish chemo. She finally agreed to an NG, so she's getting stronger and I'm just keeping my fingers crossed.

Unfortunately, I'm also aware how fragile the human body is, so I'm not holding my breath.

All this to say that I think you will not be able to prove that your dad would not have died anyway, and that I don't think it's helping you to blame others for what may have just been bad luck.

I echo what others have said about trying to get counselling to help with grief and finding closure. I think that would be your best chance of attaining peace.
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JoAnn29 May 19, 2025
Ovarian Cancer is a killer, as is pancreatic. If you survive you are very lucky.
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Statute of limitations applied, I believe NY is somewhere between 3 & 6 years, depends on the type of case. Do some research it might help you to understand.
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My FIL died in 2009 from PC. He was on aggressive chemotherapy and had excellent care. He still only lived 2 years from his diagnosis, as is classic with PC. My husband's Grandmother was diagnosed in her 80's. Had the Whipple done at the Mayo Clinic and received excellent aftercare but still passed within 2 years. Yes, she too was briefly "cancer free" until she wasn't. What "injury" did he receive that added to his problems? I'm so sorry for your loss. I've personally known several people diagnosed with PC and all except 1 died within 2 years. One made it to 4 years, then had a reoccurance and passed within months. What accurate information can be found after almost 10 years has passed? Did your Dad have an autopsy? Are you wiling to have him exhumed? Do you have the money to pay attorneys if you lose your case (if it gets that far)? The health insurance didn't kill him and most likely neither did "neglect" from the facility or staff. He was probably put on palliative care and then hospice and because there was no cure or hope for him. Were you present during all of it? If not, why dredge it up now? If yes, then who was legally advocating for him back then? "...please someone help me to get him the justice he deserves." What kind of help are you seeking? Free legal help? Why, almost 10 years later, are you trying to prove he didn't die of PC? I respectfully suggest you talk to a grief counselor. Again, been there and done that in our family but the most likely culprit was the PC.
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Why have you waited 9 years before wanting to seek any kind of justice for your dad? Your time limit I'm sure has long passed to pursue anything, so the fact that you're still ruminating on this tells me that you are in great need of some grief counseling, so you can move forward in a more healthy way.
I'm sure you're dad would not want you giving his death one more thought, but instead would want you getting on with living and enjoying your life.
That would be the best way to honor him and his memory don't you think?
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There is a time Limit to Make a claim ( usually 8 years ) . Most elder abuse Lawyers do deal with Nursing home neglect But Its Been 9 years - there is a statute of Limitations and you Maybe too Late . Most Lawyers who deal In personal Injury offer a free consultation .
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