1. Health

Why more care facilities in the U.S. face wrongful death claims?

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https://www.medlegal360.com/lawyer-for-wrongful-death/

Being negligent in inflicting injuries and causing death to an individual unintentionally or maliciously is considered a wrongful death. Last year in Utah, a boy was found dead inside a locked car. The facility kept quiet and was not ready to comment on the negligence from the Part of their employee.

Roost services, an American Fork intellectual disability care center was negligent in taking care of an autistic boy, which ended up in his death. He had wandered away from the facility twice before, which shows the sheer negligence from the part of the facility. On July 21 2021, Joshua, a 11-year-old boy was picked from his foster home and was left behind in front of the facility, inside a locked car. The staff went inside forgetting to take him along. The boy was inside the car in hot summer day for three hours.

When the staff realized that Joshua was not inside and went back to the car in search of him, it was too late. Joshua succumbed to death in the heat inside the locked car fighting for his life for hours-long struggle. The police charged the negligent facility and the staff with child abuse homicide and obstruction of justice. However, after a seven-month-long investigation, the case was declined as the death was unintentional.

Peter Mifflin, the lawyer for wrongful death on behalf of the victim’s family, proceeded with a wrongful death claim. He claimed that though the death was unintentional, it was the duty of the facility to take care of the boy. Letting him die a horrible death cannot be justified as unintentional. The negligence of the facility could be seen in the two earlier incidents when the boy wandered off the facility.

In July 2022, the facility closed the case with a secret settlement and the wrongful death case was dismissed. Mifflin hopes this case would be an eye-opener to improve the care given by such facilities. Wrongful death cases not only get the victim’s family economic and non-economic damages but punitive damages as well.

The lawyers for wrongful death will analyze the case and based the statutes of limitation in the particular case, they would proceed with the claim. The medical records of the victim, the autopsy reports, and other evidence can be solid proofs in establishing the wrongful death claim. If you have lost your dear one to someone else’s negligence, contact a wrongful death attorney to proceed with a claim.

Getting the medical records reviewed by a medical record review company would make your wrongful death claim strong and ensure your reparation.

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