Do we have a good wrongful death case? 16 Answers as of November 18, 2011

Medical malpractice cases in the great State of Washington are governed by statutes. RCW 7.70. (http://apps.leg.wa.gov/RCW/default.aspx?cite=7.70). The main question is usually whether the health care provider failed to follow the accepted standard of care in the field. RCW 7.70.030. There can also be causes of action for health care providers making promises they didn't fulfil, or acting without the informed consent of the patient. These cases are extremely difficult and require the testimony of an expert witness. Miller V. Jacoby, 102 Wn. App. 256 (2000). Doctors are trained to work cooperatively (unlike lawyers who are trained to be adversarial), so doctors are often reluctant to testify against each other. Doctors who are willing to testify as expert witness usually charge significant quantities of money to do so, and often must be flown in from out of State. Some law firms who are really good at medical malpractice cases in Washington State include the following: Chris Otorowski (http://www.medilaw.com/); Chemnick, Moen, Greenstreet (http://cmglaw.com/); and Fuller & Fuller (http://www.fullerlaw.com/). Only a small percentage of victims of medical malpractice make a claim, and of those that do, only about 20% ever get any money to compensate them. Nonetheless, sometimes justice requires assigning responsibility where it is due.

Sorry for your loss. That is a tough one. Defense will argue there is no way to prove that taking all of those medications was the sole cause of him killing himself. Even more difficult if he had suicidal ideations prior to using the medication. You may have a shot but, in my humble opinion, it is a long one. Go see an attorney that has handled these type of cases before. They will be able to help you. Good luck.

Your stated facts are insufficient to assess liability or blame anyone else for your nephew's death. However, your nephew's widow may want toconsult with a plaintiff's medical malpractice lawyer for specific legal advice and direction.

You need evidence that the doctor who prescribed the medications deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor was negligent and that the negligence caused the patient to commit suicide.

Hard to say whether case is good,. If you have a doctor who is willing to testify that the drugs caused his action and that the doctors who gave him the drugs knew or should have known that this was a likely result, then you may have a case. Malpractice cases are difficult and expensive (expert witnesses charge incredible fees for consultation and participation in mediation and trial) and when you show up with one doctor, the defense may show up with 4 or 5 who have an opposite opinion.

Anyone who claims he can answer that question with two sentences worth of information is lying to you. In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. She would have to show that the Doctor(s) knew or should have known that the prescriptions would lead to the suicide, or that their was a failure to address an underlying psychological condition. Generally, pain-killers are not known for bringing about suicidal tendancies, that's more associated with anti-depressants, which are often prescribed for pain. She will have to gather up all of his medical records. Analysis will have to be made of what was prescribed, by whom and when and all of the potential side effects of each drug.

Nobody can tell you whether there is a viable case without reviewing the medical records and speaking those closest to your nephew about their observations.

That is not a question I can answer without a lot more detail. The best thing to do is encourage his widow to consult with a lawyer who holds himself (or herself) out to handle medical malpractice cases.

She may, but without more information it's difficult for me to say if she does or doesn't. Whatever you do keep the pill bottles or secure the prescriptions from the pharmacy. Preserve as much evidence as you are able and then if you want contact my office.

Probably not but it might be worth looking into.