Wrongful Death Lawyer

When it comes to college and liability, it can be a complicated matter. University students are largely responsible for themselves and the college generally has no obligation to protect adults from criminal acts. In the 1960s, the right for college students to have control over their own lives was fought for and won. Since then, colleges have had less of a responsibility to protect students against violent acts.

College Liability

A school can’t always foresee a student’s violent acts. If a student is murdered on campus – whether it’s by another student or not – this doesn’t mean that the school will be held liable. For a college to be held liable for something like this, evidence of the school’s reasonable failure of protection needs to be presented. For example, insufficient college dorm security may leave a college liable. Likewise, the administration disregarding threats made to a student may also leave the school liable.

College liability is never black and white. While colleges are not excused from liability entirely, just the fact that a student is hurt on campus does not mean they are liable. The college needs to have been shown to have a reasonable duty owed to the student to protect them for them to be liable. Additionally, it needs to be proven that the college breached that duty.

Murder and College Liability

When it comes to a student’s murder, many colleges may adopt an “all or nothing” attitude. This isn’t exactly how legal matters work. In most cases, a college will have enough control or supervision over the students that a legal obligation to protect them is assumed. The only exceptions to this rule generally have to do with cases that occur on the field during sports.

If a college displays itself as being a safe place, the students that attend the school have the right to expect safety. The college must keep its students as safe as possible. However, these kinds of cases often have to go to trial to prove that the school was somehow negligent in providing the duty of care.

College liability is a complicated matter. Most lawsuits that involve a student’s death will go to trial. If you’re thinking about filing a lawsuit against a college or university, it would be a good idea to contact an experienced wrongful death attorney, like a wrongful death lawyer in Indianapolis, IN from Ward & Ward Law Firm. He or she can help advise you on your case. With all of the complicated laws that are involved with college liability issues, legal guidance will be invaluable during this time.

Wrongful Death Lawyer

When someone dies as a result of errors committed by a doctor or hospital, the person’s estate can file a wrongful death lawsuit. State law governs how these cases are decided, but generally, when the court rules for the estate, the award goes to the beneficiaries. Determining whether the medical professionals were negligent can be a complicated question.

When Are Hospitals Liable for a Wrongful Death?

The two most common ways that hospitals incur liability for wrongful death are the negligence of employees and negligence in operations.

• The hospital may be liable if the doctors, nurses, allied health professionals, and other care providers who work directly for the hospital behave negligently or fail to provide an acceptable standard of care.
• The hospital may also be liable if it doesn’t provide appropriate supervision for employees, doesn’t maintain equipment properly, or doesn’t properly manage the medical staff, for example.

When Are Hospitals Not Liable for a Wrongful Death?

While hospitals are responsible for their employees, they don’t carry the same liability for independent contractors. For example, doctors may have privileges to see patients or perform surgeries at the hospital without being directly employed by the institution. In that case, the hospital has less liability for mistakes the doctors make in caring for their patients.

What Kinds of Errors Lead to a Wrongful Death Suit?

Medicine is such a complex field that many different kinds of errors are possible. Here are a few of the most common that may lead to a patient’s death, creating liability for the hospital.

• Failure to diagnose a patient’s condition correctly
• Errors while caring for a pregnant woman or while delivering a baby
• Medication mistakes while prescribing or administering drugs
• Surgical errors

Nurses can commit medical errors just as doctors can, as they go about caring for patients. Some of the common areas of nursing malpractice involve personal care duties.

• Failure to appropriately monitor a patient’s vital signs
• Errors and omissions when entering information into the patient’s medical records
• Mistakes in administering medication errors at the correct time and in the right dosage
• Failure to notice, record, or report symptoms and complaints to the doctor

What Should I Do If My Loved One Died as a Result of Medical Negligence?

Because wrongful death lawsuits are governed by state law, you should seek out an experienced and knowledgeable wrongful death lawyer in Trenton, NJ. The professional can help you make a realistic assessment of your case and understand the process involved in suing a doctor or hospital.

 

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Thanks to Davis & Brusca for their insight into personal injury claims and suing a hospital for wrongful death.