Tuesday, March 25, 2014

To what extent do wounds play a role in understanding the facts and circumstances surrounding wrongful death?facts

Wrongful death suits arise from many situations. You are
asking specifically about wounds. Yes, wounds could be valuable evidence, depending of
course on how the person died. Wrongful death suits are Tort actions. A tort is a civil
wrong propagated against a person. In other words, torts are not criminal matters, but
some turn into criminal matters if intent is shown. For example, you are admitted to the
hospital for a routine "minor" surgery. Something happens in the perioperative period
and you die. A couple of things are possible... maybe you had an unforeseen allergic
reaction to the anesthesia, this is not a tort because no one did anything wrong. Let's
say you had that same surgery but this time the surgeon or operating room nurse
inadvertently left an instrument inside you. This of course is an accident, it was not
intentional, but it is a tort because you are now injured and then you died. A wrongful
death suit could be filed by your next of kin, and they would win !  But... the problem
is you are still dead !

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