By Los Angeles Personal Injury Attorney, Michael P. Ehline Esq. Find answers to all your questions.
If your close loved one, friend, or other related family member was killed in an accident, you might well have a legal entitlement to file a wrongful death lawsuit. Your case would be filed against the individual or people responsible in a civil court, wrongful death action.
An “accident” resulting in death (discussed more here) is frequently caused by the result of someone’s carelessness. Wrongful death lawsuits can emerge in a variety of situations. The complexities of such a thing necessitate the expertise of an experienced attorney with years of experience and a seasoned staff.
Below, Los Angeles wrongful death attorney, Michael Ehline discusses a recent example of a doctor being cleared for violating professional standards allegedly causing a wrongful death loss.
If a family member has died as a result of someone else’s negligence, call Ehline Law Firm to discuss your options and the services that are available with the assistance of one of our friendly and charismatic personal injury attorneys today.
A jury in Los Angeles found a local doctor not responsible for the tragic wrongful death of a motor vehicle passenger in a car driven by the doctor’s patient, a dementia sufferer. The doctor was nowhere near the 2012 crash site. How can that be, you ask?
The trial jury found the physician not civilly liable for neglecting to notify local health authorities about his patient’s dementia or recommending that the DMV revoke his patient’s driver’s license. In a nutshell, the surviving family argued that the doctor should have ordered his patient not to drive, but failed to do so. The jury didn’t buy it, which likely saved the doctor’s career. Why was this the case here, but not the standard in others, including cases starring Hollywood celebrities seeking damages?
The case comes from a deadly car accident in which an 85-year-old dementia patient attempted to turn into oncoming traffic at a crossroads. Although the woman/dementia patient remained unharmed, her passenger, a 90-year-old man, died as a result of the injuries.
The deceased’s family sued the local doctor for wrongful death; however, the doctor informed the Los Angeles jury that he had been previously implicated in the revocation of licenses for other dementia patients. In addition, it was alleged the woman’s condition was not serious enough to warrant such action in the particular tragedy.
According to statistics from the Department of Highway Safety, senior drivers are more likely than younger drivers to get caught in a multi-car accident, especially when turning at crossroads. Drivers over the age of 80 are second only to young drivers in terms of fatal car accidents.
Does this help to justify why this wrongful death lawsuit was unsuccessful? Probably not! Only a few jurisdictions, like California, compel doctors to disclose dementia cases to the state’s motor vehicle department. In many places, senior drivers are not even required to take a vision exam. How can that be right?
Well, under negligence law, statutes are a floor and not a ceiling. What a reasonable professional would do in the same or similar situation is what matters most from the start of a negligence claim.
But in this case, it was not so black, white, or clear at all. on the issue of failing to notify, the jury felt the level of dementia was insignificant enough so as to not trigger the physician’s duty to work as a “reporter.” Being in a car accident, or witnessing a family member or loved one being in one, is always a frightening event.
Aside from the emotional toll, an accident can also result in significant financial losses. Members of the surviving victim’s family should be aware that they may have a legal entitlement to compensation for their losses if a loved one is killed due to another party’s negligence.
The decisions of a jury or judge are sometimes shocking for many individuals. Convicted criminally or not, some defendants escape civilly, while the opposite is true for others, such as for O.J. Simpson, accused of killing his wife and Ron Goldman criminally but found not guilty. But in a civil suit, O.J. was found liable for wrongful death.
This is not the only controversial case. A few other cases that one can consider under this topic include:
Let us take a closer look:
The Ritter family’s $67 million wrongful death claim against a radiologist and cardiologist got dismissed by a California jury, which found the two doctors not liable for any civil wrongdoing in the deceased actor’s treatment and diagnosis.
Dr. Joseph Lee, the emergency room physician who attended Ritter at Providence St. Joseph Medical Center, Burbank, had no prior knowledge of Ritter’s heart problem. (A rare form of aortic dissection — a torn inner layer of a large, close to the heart blood vessel).
According to the Associated Press and the Los Angeles City News Service, John Ritter previously refused to follow radiologist Dr. Matthew Lotysch’s recommendation to consult a physician after Lotysch performed a body scan on the deceased in 2001.
The evidence shows that in 2003, Ritter passed away due to a torn aorta. Dr. Joseph Lee, who attended to Ritter the evening he passed away, was the other defendant in the lawsuit.
Ritter died on Sept. 11, 2003, apparently by a heart attack, during the filming of the TV show “8 Simple Rules for Dating My Teenage Daughter.” Ritter was 54 when he passed away. The wrongful death lawyers representing Ritter’s widow, Amy Yasbeck, and children asserted the death caused at least $67 million in lost future earnings alone. Lawyer Moses Lebovits asserted a missing X-Ray would have alerted the doctor, triggering a duty to warn Ritter. But Dr. Goad convinced the jury nothing could have saved Ritter’s life.
“There was no time to do anything else.” – Doctor Goad
The case was filed by Ritter’s wife, actress Amy Yasbeck, who testified at the hearing, and his four children. The $67 million figure, based on their estimation of the comedy star’s earning potential, was rejected.
After a California jury on that sunny Friday cleared the treating physicians of negligence for failure to diagnose and treat the late actor, the jury found that Ritter failed to follow radiologist Dr. Matthew Lotysch’s medical advice was to see a physician back in 2001 after a body scan showed potential problems. (Source Associated Press, L.A. City News Service).
“The system worked and we’re very, very happy that they did the right thing,” C. Fraser, attorney for the defendant, radiologist Dr. Matthew Lotysch.
According to court records, the relatives had previously gained more than $14 million in settlements. The jury returned a nine-three decision in that wrongful death case. In civil trials like this, California state court verdicts do not have to be unanimous.
This is one reason many defense firms prefer the federal (unanimous jury) court as the forum to defeat a wrongful death action.
Considered the greatest celebrity of his generation, Michael Jackson’s death shocked the world. The singer’s father, Joseph Jackson, filed a wrongful death lawsuit against AEG Live, which got dismissed entirely by a Los Angeles Superior Court.
Applied Pharmacy Services in Las Vegas and Michael Jackson’s longstanding physician, Dr. Conrad Murray, became the only standing defendants in Joseph Jackson’s wrongful death claim. Murray was found guilty of involuntary manslaughter in November 2011.
However, Murray was exonerated by a civil jury after they determined that although he behaved with criminal negligence, his actions played zero significant roles in Michael Jackson’s death. Michael Jackson passed away due to a drug overdose on June 25, 2009, two weeks before the commencement of his AEG live-produced ‘This Is It’ tour.
Despite being represented by one of the best trial lawyers, Brian Panish, the plaintiff’s case failed to convince a jury. The civil jury and trial look at a set of jury instructions to guide them towards a verdict.
When the following components are convinceable proven, wrongful death claims in Los Angeles, CA, become successful:
In the minutes, days, and years following the Michael Jackson wrongful death case verdict, we’ve seen many other celebrity wrongful death claims, including that of Halyna Hutchins. In that Hutchin’s case, Alec Baldwin fired a loaded gun into her, killing her, apparently relying on a stagehand to make sure the gun was safe. (Who had the ultimate responsibility to check the gun’s ammo?)
As that case unfolds, you will begin to see how duty is triggered and the defenses used to avoid legal liability for a negligent killing.
Do you want to sue someone? A wrongful death lawsuit can often be a challenging situation to deal with. The safety of our clients, staff, and our community is our top priority during this COVID Pandemic, However, we remain open for business and will continue to avail ourselves to new and existing clients.
We’ll be utilizing virtual meetings and using teleconferences. Call us at (213) 596-9642 if you need an experienced Los Angeles personal injury lawyer to help with your case.
Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer on the California State Bar Law Office Study Program, later receiving his JD from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements. He compassionately helps clients recover after serious injuries.