Wrongful Death Legal Questions

It is difficult to provide you with any specific advice with no facts and no question listed.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

All of this sounds absolutely horrific.  If the chair had no safety release then you have a products liability case that is certainly worth investigating. You don't necessarily need a malpractice attorney, any attorney who does products liability cases should be able to help you.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.   Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

The success of a lawsuit in your situation would depend on many different factors surrounding your son's treatment.  A good place to start would be to document everything and make a timeline of events so a lawyer can look over things to give you a more in-depth opinion.  There have been similar cases filed after people in custody have committed suicide.  ... Read More

 In wrongful death actions, there are generally two (2) classes of claims. The first are claims brought on behalf of the estate (which are filed by the Personal Representative). N.R.S. 41.085(5). The Estate can recover (a) any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent's death, and funeral expenses; and (b) any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent The second class of claims are those made by heirs under Nevada law. NRS 41.085(2). "Heir" is a legal term by relation which means, close friends, unmarried significant others and stepchildren cannot recover. An heir can recover "pecuniary damages for the person's grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent." NRS 41.085(4). These claims are the claims held by your siblings and you for which the recovery would belong to each of you individually.  The first class of claims seeks monies as part of the Estate and the proceeds are subject to claims of creditors against the Estate; the second class of claims belong to the heirs individually and are not susceptible to the creditors of the Estate.  The representative merely works for the Estate and will not get a larger portion  of the settlement monies merely because the Representative is the name and face of action.... Read More

I am unable to ascertain what your question is from the matter posed above.  In wrongful death actions, there are generally two (2) classes of claims.  The first are claims brought on behalf of the estate (which are maintained by the Personal Representative). N.R.S. 41.085(5). The Estate can recover (a) [a]ny special damages, such as medical expenses, which the decedent incurred or sustained before the decedent's death, and funeral expenses; and (b) [a]ny penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent had lived, but may not recover damages for pain, suffering or disfigurement of the decedent. The second class of claims are those made by heirs under Nevada law.  NRS 41.085(2).  "Heir" is a legal term by relation which means, close friends, unmarried significant others and stepchildren cannot recover.  An heir can recover "pecuniary damages for the person's grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent." NRS 41.085(4).  The first class of claims seeks monies as part of the Estate and the proceeds are subject to claims of creditors against the Estate; the second class of claims belong to the heirs individually and are not susceptible to the creditors of the Estate. The statute of limitations for a wrongful death claim is 2 years.  NRS 11.190(4)(e) provides that (with one exception) "an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another" must be brought within two years of the date of the act.  You indicate that the father in question was killed in 2007, which would place the date of death far outside of the statute of limitations.... Read More

You would definitely have a claim against the people who killed your son.  There is no question about that.  However, it is unlikely that an attorney would take such a case on a contingency basis, if the individuals do no have any assets.  This means that you would have pay a lawyer by the hour and then hope that you would collect money at the end, which is highly speculative.  Please note that there is generally a two-year limitation period in Virginia for personal injury type claims, which means you would only have until 4/11/13 to file suit, based on the date of the incident that you listed.  After that date, you would be forever barred from pursuing this legal claim, unless there is another cause of action that may have a longer time period, but nothing occurs to me right now.  You may want to seek a second opinion. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

First of all, let me tell you that I am sorry for your loss.  The statute of limitations varies from state-to-state. I am in Washington state but I urge you to contact an attorney in the state where your child died. Most personal injury attorneys that specialize in wrongful death cases will provide you a confidential and free consultation where you can discuss the merits of your case. ... Read More

Dear Michael: I'm sorry to hear about your loss. It is difficult to answer your question without knowing more about your situation. I recommend that you or your aunt contact a medical malpractice attorney in Illinois as soon as possible to discuss your cousin's case. Most medical malpractice lawyers provide free consultations, and during this call they can learn more about your cousin's death to determine if your family may be able to take legal action against the hospital. Please note that there are time limitations for filing medical malpractice lawsuits in Illinois so it is best to contact a lawyer as soon as possible to protect your rights and ensure a thorough investigation.   Sincerely,Steven LevinLevin & Perconti, Chicago www.levinperconti.comquestions@levinperconti.com Frequently asked questions about medical malpractice lawsuits in Illinois... Read More

The use of deadly force in the state of Washington is limited to situations where one's life is imminently in danger. In other situations, such as the one mentioned here, it is a crime use deadly force. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read More

Statistically, a 23 week old babu is going to have an uphill battle to survive. Although it is possible to arrest labor, an attorney would really have to have a better understanding of the facts and circumstances surrounding the delivery to know whether the physician committed malpractice. It is possible that the physician came to some conclusion that the baby had to be delivered notwithstanding the poor prognosis because its prognosis was even poorer if it was not delivered.  likely would not have survived if it wasn't delivered. Also, it is possible that the baby would have put mom at risk if it stayed in. To know the answers to these questions, someone will have to look at the records. If you want to investigate a case further,  you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.   ... Read More

In North Carolina, you are limited to the value of the animal at the time of its death. Unless your dog was extremely valuable, save for breeding purposes or show, the damages you would be entitled to would be nominal. As such, it is unlikely you would find an attorney willing to assist you in this.... Read More

Hospitals are required to have strict protocols to avoid patient falls. Therefore, you probably have a case worth investigating. If your mother was elderly and unemployed with no dependents, there will be a question about whether the case is financially viable. You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More

I am sorry to hear about your loss and everything that has happened.  I would be happy to speak with you about it.  My name is Dean Gresham and my phone number is (214) 252-1888.  If I'm not available, please ask to speak with my paralegal, Tonja Nichols.  I am in Dallas, but handle cases across the country.  My website is www.greshampc.com I hope to hear from you. Sincerely, Dean Gresham... Read More

It would be up to the prosecutor but they certainly could charge this if they can show the drinking caused the death. Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net  ... Read More

It sounds like you have a malpractice case that should be investigated. If the ER actually provided the amphetamines, the doctors were obviously negligent. If your mother accidentally over-dosed you would still expect the ER physicians to be able to determine that she had an elevated heart rate, etc.  You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

Six months is not allot of time to work up a file prior to instituting a lawsuit. Pre-suit workup of a file is essential to successful litigation in these cases. Read the article below to get a better sense of why this is so. It applies to medical malpractice cases, but the concepts translate over to nursing home negligence cases as well.  Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

It sounds like you may have a potential medical malpractice case, although an attorney will have to find an expert who will support the proposition that a home health aide has an obligation to respond to a patient in your mother circumstances in an emergency fashion.  I am not certain that the standard of care would require this.  Additionally, as with all malpractice cases involving an elderly plaintiff with pre-existing health issues, there will be a question about whether or not the case is financially viable.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

The dosage of the drugs does not stand out as something that is suspicious, although that does not mean you do not have a medical malpractice case. How do you know that was the actual dosage received? Was the decedent on any other medication that would have exposed him further?  Given the outcome, at the very least, you should contact a local medical malpractice attorney (one in your state), so that the pertinent records can be reviewed.  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. ... Read More

I am assuming that the procedure your mother had performed was a pericardiocentesis. Was it being performed for diagnostic purposes or was she being treated for a cardiac tamponade? this would be important, because in North Carolina a different standard of care applies to emergency services.   In either situation, because this is a invasive procedure, there is a risk of damage to adjacent organs and structure. Was an autopsy performed? having that information would be helpful in deciding whether her death was to medical malpractice.   I would not necessarily infer negligence from the fact that the hospital has made some offer. Furthermore, any offer made by the hospital would be inadmissible in court as evidence of liability. The stature limitations in North Carolina on a wrongful death action is two years from the date of death. The only way to determine whether or not you have a case would be to obtain complete copies of your mothers medical records and have them independently reviewed.... Read More

I don't know the answer to your question, but you may get a better response if you post it as a criminal law question rather than a personal injury/auto accident question.  I am sorry for your loss.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com... Read More