Recently in Death Category

My partner, Jason D. Friedman, Esq. went on Good Morning America to discuss the wrongful death lawsuit against mega store Walmart. On Black Friday, a security guard hired by Walmart was trampled to death while trying to shelter a pregnant woman from the stampeding shoppers. There is no doubt that Walmart will be held responsible for this tragedy.  As Jason says in the video above, there were so many simple steps that could have been taken to prevent this.  I expect a big settlement will be announced within the next 6 to 8 months.  If Walmart allows this case to go to trial it would be a public relations nightmare.  We can only hope that this highly publicized tragedy will force stores to take appropriate precautions in the future.

I was asked the following "Ask Andrew" question:

 "Does Jennifer Hudson have the right to pursue a wrongful death case as a result of the horrendous murders of her Mother, brother and nephew?"

The short, but not so simple, answer is Yes, she and her family have the right to bring a wrongful death case.  A family member has the right to bring a wrongful death case when a loved one has died as a result of the negligence of others.  In addition to negligence, a claim can be pursued if the death was caused intentionally, by an assault or, as in this instance, a murder - this is known as an "intentional tort."

Ms. Hudson and her family would face a few problems which would likely preclude a successful case. As of this moment, the family is not certain who committed the murders.  However, once the murderer is identified, it is highly unlikely that the person has the money to pay a settlement or verdict obtained in the lawsuit. In a negligence case there is insurance to pay for death, in an intentional tort there is not. 

So, yes, Ms. Hudson and her family have a case that they would likely win, but there would be no money to pay if they are successful

My heart goes out to Jennifer Hudson and her family.

		Courtesy of Lucille Iacovelli's youtube video of her awful experience

Making news in Ireland this week is the upcoming NYC medical malpractice trial of an Irish family that is suing NYC plastic surgeon, Dr. Michael Sachs. Kay Cregan, a 42 year old wife and mother of two, went to Dr. Sachs for a face lift - she ended up dead.  Allegedly, prior to this incident, Dr. Sachs had been sued approximately 33 times for medical malpractice.

There is always a risk when undergoing surgery and that is why I always tell everyone who will listen to me that you should NEVER have surgery unless it is absolutely necessary. A facelift is an elective surgery -one of choice and not medical necessity.  It is a dangerous gamble to take the risks of general anesthesia and going under the knife so that you can look better.  That's why plastic surgeons make patients sign explicit consent forms acknowledging the risk of injury and even, like here, death.

My firm handled a case where a long island woman died while undergoing a nose-job. The defense tried the "consent" argument. They lost. We won.

You can't consent to malpractice.  If Dr. Sachs did a botched job on this woman which caused her to die, he will have to pay for it - big time. If they prove malpractice, the Cregan family will be compensated for the loss of parental guidance for the two children, the pain and suffering Kay endured and any financial loss the family will suffer from her death - likely to be a verdict in the millions. Stay tuned for the result....

The verdict is in. The jury has spoken. The cardiologist and radiologist did not commit malpractice in their treatment of John Ritter. They didn't cause his death. Was the jury's decision a correct one? Maybe. Maybe not. Medical malpractice cases are extremely difficult to win. Statistically, about 80% are lost. The reason is simple. The majority of jurors hold doctors in very high regard and are not quick to find fault unless the facts are egregious (i.e. amputating the wrong leg, failing to read a lab result that shows a finding of cancer, etc.) As I explained at the start of this trial on Headline News, it always comes down to a battle of the experts for each side. In this case, the doctors experts apparently won the battle - the jurors believed their view more than the views of the family's experts. Often times, jurors will be inclined to go with the expert for the side that they want to help. If the doctor being sued has good credentials and makes a good witness, the jury will usually want to help the doctor. On the other hand, if the doctor is an awful witness (arrogant, timid, poor credentials) and the family/plaintiff is extremely sympathetic, a jury will tend to go with the family/plaintiff's experts. I'd be willing to bet the farm, that the doctors being sued in this case made great witnesses. Inevitably, injustice occurs as often as justice is served - good, legitimate cases are lost all the time. The bottom line is this: people have a right to sue when there is a good faith basis for believing that malpractice occurred. The Ritter family had a strong case. That's why they obtained $14Million dollars from various other doctors and hospitals before the start of this trial. Trust me, that kind of money is not handed over unless there is a legitimate cause for concern. However, the jury has spoken and the Ritter family will have to live with its verdict. Unless, of course, they choose to appeal...

Carol Gotbaum was on her way from my home town of New York City to a rehab center in Arizona when the trip took a drastic detour.  She apparently became extremely intoxicated on the first leg of her flight, and when she missed her connection in Phoenix, she went haywire  and pitched a fit worse then Paris Hilton getting pulled over by the local police.  The police arrested her, threw her in a closed room, shackled her to the wall and slammed the door shut.  Later she was found dead, having apparently hung herself with the shackles.  Carol's family has now sued the Phoenix police for wrongful death.  I think they have a pretty solid case.  As I discussed today on Headline News, the police had a duty to ensure that she did not harm herself.  They failed to take reasonable steps to restrain and - here's the key - keep her under observation!!  In a shameful move, the police blame her husband for not being on the flight with her.  Her death never should have happened - this was completely preventable.  She was sick, addicted to alcohol and drugs, and on her way to get help.  She may have been acting like a lunatic, but she didn't deserve to die.

A disgusting story hit the news yesterday and fortunately I had the opportunity to air my displeasure to the nation on the Fox News Network.  Parents in Wisconsin failed to take their 11 year old daughter to a doctor when she became deathly ill from diabetes.  Instead of seeking medical care for a completely treatable medical condition ...they held hands and prayed, convinced that the power of prayer would heal their child.  The facts of this case disgust me on a personal as well as professional level.  As a lawyer who has spent my entire professional career representing those who have been injured by negligence and as a father of a young girl, it is unfathomable to me that parents could watch their own child die an excruciating death of vomiting, loss of appetite, sleepless nights and fever for over the course of 30 days without even calling a doctor or dialing 911.  As I  stated on television  these people should be tarred and feathered.  Do you think I was too harsh with my comments on Fox News? I don't think so!