Wrongful Death Cases: A Legal Case Study

The recent decision by British Parliament to overwhelmingly reject the right to die law that would have allowed terminally ill adults to end their lives with medical supervision preserves the Suicide Act 1961 that protects vulnerable people from exploitation and abuse by those who might have an interest, financial or otherwise, in their deaths.

The most common reasons wrongful deaths happen are from medical malpractice, auto accidents, workplace disasters, or improper care in a jail or nursing home. Establishing negligence can be a criminal case. However, this does little for the surviving family members to re-establish their lives. The wrongful death claim is used to compensate for the costs of any remaining medical bills, to pay for the burial and funeral, to pay the legal fees of the wrongful death claim, and for punitive damages. The state of Indiana defines the surviving family members as a spouse, the

One famous case involving death with dignity was the death of Brittany Maynard. Brittany Maynard was a 29-year-old woman who was married and everything seemed to be going good until she was diagnosed with terminal brain cancer. She was diagnosed with grade 2 Astrocytoma, a brain cancer. She was hoping to have a chance to overcome this illness, but the cancer returned, only much worse than before. The diagnosis was grade 4 astrocytoma. Only given a few months to live, she and her family decided that death with dignity was the best option. Living in California, assisted suicide was not an option. So she moved to Oregon because death with dignity is legal there. She ended her life on November 1, 2014, next to family. This case was famous because

The ATRA and CALA are trying to stop minor cases from receiving enormous sums of money which will dampen the economy. The subject matter of these cases varies to some length including but not limited to medical and car insurance. In a case against Rich Mountain Nursing and Rehabilitation Center of Mena, jurors found the defendant, Mena, guilty of malpractice in the death of Margaretha Sauer, a ninety-three year old woman. The non-economic punitive damages cash award for the suffering and pain of the Sauer family to be paid by Mena was seventy-eight million dollars. Punitive damages is one of the issues that the ATRA is trying to combat. If nursing homes continue to have pay large sums for punitive damages, they will not be able to survive. The premium average liability offered by nursing homes has increased from $820,000 in 1999 to $11.6 million in 2001. With the liability premiums continuing to rise, the prospects of profits continue to dwindle. They will have no chance at retaining a profit and thus will have to close. It will also mean that doctors will charge more for their services, which leads to fewer health insurances carrying

In today’s Canadian society, it is certain that criminal law is to serve and protect and its fundamental purpose is to prevent crime and punish offenders. However, there have been cases where criminal law has punished the offender who turned out to be innocent. A conviction is needed to show that the system is not in disrepute and to keep order and people safe in society. If a criminal cannot be caught then people will look down upon the system in disgrace. In many cases, officers will arrest an individual who fits a certain description that they know will lead to an arrest and conviction. In the case of Guy Paul Morin it shows how the system failed in aiding the innocent who abide to the law. The law is established to protect those who

If a loved one of yours has been lost as a result of medical malpractice or other negligent practices, our Tennessee wrongful death attorneys can assist you in filing a wrongful death lawsuit. The purpose of a wrongful death lawsuit is to raise the surviving family members of the victim up to the same financial position they would be in if the wrongful death victim had survived.

In Oregon, as of 2014, the three most frequently mentioned end-of-life concerns were: loss of autonomy (91.4%), decreasing ability to participate in activities that made life enjoyable (86.7%), and loss of dignity (71.4%) (Oregon Health Authority). Physician-assisted suicide is a controversial topic that continues to divide federal and state governments and citizens everywhere around the country and world. In what’s known as “Death With Dignity Laws” that have already been passed in Oregon, Washington, Vermont, and likely California, doctors are able to write prescriptions to patients, who fall within strict guidelines, who wish to end their lives. These laws follow strict guidelines including; a terminal diagnoses with less than six

If you have recently lost a loved one due to the negligence of an individual or organization, then you may be considering your options for compensation. The loss of a spouse or a parent is truly devastating, and the repercussions can reach every corner of your life. This is especially true if your lost loved one was a provider, which leave you with piles of bills and no income. You do have a solution, but you must be willing to fight hard for justice.

First, Connecticut pro-choice supporters attempted to legalize the Death with Dignity Act three times since 2013, as they believe competent, terminally ill individuals in Connecticut should have the legal right to choose medically assisted death. Unfortunately, this legislation has not come to a vote in Connecticut; however, each time more people are supportive of the bill. The last Quinnipiac University Poll, completed in March 2015, has shown that by more than a 2-1 margin (63% vs. 31%), Connecticut voters support “allowing doctors to legally prescribe lethal drugs to help terminally ill patients end their lives” (C&C, Oregon, 2016). The “Death with Dignity Act” originated in Oregon, in 1997 with enough support to be the first state to pass the new law. Washington passed a similar law eleven years later, in 2008. Additionally, Colorado has been the most recent state to have this law passed on November 8, 2016. All the states have modeled after Oregon’s Death with Dignity Act. Specifically, the law states that the person must be terminally ill with less than six months to live, also be at least eighteen

This assignment will discuss a case involving an individual known to me. It centres on the real and contentious issue of the “right to die”, specifically in the context of physician-assisted death. This issue is widely debated in the public eye for two reasons. The first considers under what conditions a person can choose when to die and the second considers if someone ever actually has a ‘right to die’. The following analysis will consider solutions to the ethical dilemma of physician-assisted death through the lens of three ethical theories. It will also take into account the potential influence of an individual’s religious beliefs

If an adult loved one passed away, consult with a Washington state wrongful death attorney to determine if you, or anyone, has legal grounds to file a wrongful death lawsuit on your behalf. A qualified lawyer will be able to guide you through the process and determine who has the biggest chance from the survivors of the deceased in successfully pursing a wrongful death

Oregon became the first state in the U.S.to pass the Death With Dignity Act, in 1997. Since then only two other States, Washington (2009) and Vermont (2013), have passed the act. The act was created to give terminally ill people, that meet the eligibility requirements, to get a prescription that would promptly end their life when they feel is the right time. To be eligible to obtain this prescription a patient would have to be at least 18 years in age, a resident in one of the 3 states, able to make and communicate health care decisions for themselves, and diagnosed with a terminal illness that will lead to death within six months. Not only one, but two physicians must sign off saying that the patient has met all criteria to obtain the prescription

A wrongful death case can be brought after someone has died as a result of another party's negligence or recklessness. Wrongful death law is a complex legal area, and one to which lawyer Kathleen Kentish Lucero of The Law Offices of Kathleen Kentish Lucero has devoted her practice. Based in Hilo and serving clients throughout Hawaii, Attorney Lucero offers representation in wrongful death, divorce and family law matters, DUI defense, and more. Plaintiffs in wrongful death cases often have a lot of questions, and Attorney Lucero sets out to answer a few of the most important ones here.

When you come into our office, our Fresno wrongful death attorney will listen to your story and review the facts of the case with you. Based on your situation, the attorney may suggest one or more legal remedies, including a wrongful death lawsuit. However, before filing a wrongful death lawsuit, your attorney conducts a thorough accident investigation to identify, gather, and preserve key evidence to use in proving the other party was at fault for the accident. The evidence may also be used to prove your damages. This may also include consulting experts, such as an economist, to determine the true value of your wrongful death claim.

The unintentional tort case that we have chosen to analyze through the use of various legal elements of tort law, is the wrongful death lawsuit filed against Porsche by Meadow Rain Walker for the death of her father, Paul Walker. On November 30th, 2013, famed movie star Paul Walker and friend, Roger Rodas, passed away in an unfortunate solo-vehicle collision in South California. At the time of the crash they were travelling in a 2005 Porsche Carrera GT when the car swerved off of the road and came in contact with a power pole and several trees before fire engulfed the car. Both Walker and Rodas perished due to injuries received in the crash.