Whether or not you can sue a hospital for not notifying the health proxy or family about a deceased family member would depend on various factors, including the specific laws and regulations in your jurisdiction and the circumstances surrounding the situation. It's essential to consult with a qualified attorney to get advice tailored to your particular case.
In some jurisdictions, hospitals have legal obligations regarding communication with family members and health proxies in certain situations, especially if the person is incapacitated or unable to make decisions for themselves. For example, under the Health Insurance Portability and Accountability Act (HIPAA) in the United States, healthcare providers have responsibilities regarding the privacy and disclosure of a patient's protected health information, including who can be notified about a patient's condition or death.
If a hospital fails to comply with relevant laws or regulations, and as a result, the health proxy or family is not notified about a deceased family member, there may be grounds for legal action. However, it's crucial to establish that the hospital's actions or lack of action directly caused harm or damages.
If you believe you have a case, consult with an attorney experienced in medical malpractice or healthcare law to discuss the specific details of your situation. They can advise you on the best course of action and help you understand the potential legal remedies available to you.