The family of a woman who died after five weeks in the Delaware County Jail filed a wrongful-death lawsuit against the Delaware County Jail in the 3rd District Federal Court, accusing jail officials of ignoring the medical and mental-health needs of the decedent until it was too late. When the decedent was first incarcerated, the jail personnel were informed that she suffered from mental illness and schizophrenia. During the 78 nursing shifts for the five weeks she was incarcerated before she died, her vital signs were taken only 17 times. And even though she was on suicide watch, the jail refused to provide her with psychotropic medication. When she had a seizure, jail medical staff waited nearly an hour and a half before calling 911. By the time ambulance arrived, she was non-responsive. The Delaware County Medical Examiner stated in the autopsy report that the cause of death was profound hypothyroidism, a condition which slows metabolism. While she was in jail, she did not receive any treatment for hypothyroidism. The family alleged in their lawsuit that her death was the result of a deliberate indifference by the jail personnel to her basic and serious medical and psychological needs and violated their own policies for caring for their inmates. http://www.foleygriffin.com/
Showing posts with label wrongful death. Show all posts
Showing posts with label wrongful death. Show all posts
October 20, 2008
Wrongful Death of Incarcerated Woman
The family of a woman who died after five weeks in the Delaware County Jail filed a wrongful-death lawsuit against the Delaware County Jail in the 3rd District Federal Court, accusing jail officials of ignoring the medical and mental-health needs of the decedent until it was too late. When the decedent was first incarcerated, the jail personnel were informed that she suffered from mental illness and schizophrenia. During the 78 nursing shifts for the five weeks she was incarcerated before she died, her vital signs were taken only 17 times. And even though she was on suicide watch, the jail refused to provide her with psychotropic medication. When she had a seizure, jail medical staff waited nearly an hour and a half before calling 911. By the time ambulance arrived, she was non-responsive. The Delaware County Medical Examiner stated in the autopsy report that the cause of death was profound hypothyroidism, a condition which slows metabolism. While she was in jail, she did not receive any treatment for hypothyroidism. The family alleged in their lawsuit that her death was the result of a deliberate indifference by the jail personnel to her basic and serious medical and psychological needs and violated their own policies for caring for their inmates. http://www.foleygriffin.com/
October 6, 2008
Lawsuit Filed on Behalf of Estate of Teenager
A Harborfields High School senior drowned in shallow water while he practiced holding his breath at the YMCA of Long Island's Huntington facility. Two lifeguards were on duty when the accident happened, as well as an aquatics coordinator. A lawsuit has since been commenced by the student's estate against the YMCA and some of its employees for "reckless, careless and negligent . . . life guarding and supervision of the 4-foot deep pool." The lawsuit also alleges the YMCA and their employees were "reckless, careless, and negligent in the ownership, operation, management, maintenance, control, life guarding and supervision of the subject premises."
The family believes that the lifeguards failed to stop the boy from a life-threatening activity and, when he was in distress, were inadequately prepared to respond in a timely and proper manner. In our opinion, the estate will have an uphill battle being successful on this case. Many times, courts will reject these claims before the family has a chance to present their case to a jury, based upon the fact that the injured party, or in this case this case, the decedent, "assumed the risk" of injury or death.
The family believes that the lifeguards failed to stop the boy from a life-threatening activity and, when he was in distress, were inadequately prepared to respond in a timely and proper manner. In our opinion, the estate will have an uphill battle being successful on this case. Many times, courts will reject these claims before the family has a chance to present their case to a jury, based upon the fact that the injured party, or in this case this case, the decedent, "assumed the risk" of injury or death.
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