A wrongful death lawsuit found that a California facility was negligent after its employees failed to give a 15 year old boy, Kevin Barr, his antiseizure medications. The boy’s parents sued the facility and an Orange County jury awarded $5.7 million in wrongful death damages.
The jury found that the defendant’s negligence in this case included concealing their wrongful acts. The provider was negligent when they found the boy unresponsive in the morning. They waited an hour before calling 911 to get the boy treatment they could not provide. Kevin Barr’s caretaker had no CPR training and did not know how to respond in an emergency situation. Due to the the defendant’s medical negligence, Kevin Barr’s family had no other choice than to file a wrongful death lawsuit.
How do I bring a wrongful death lawsuit?
Wrongful death lawsuits are often very difficult to pursue for various factors including legal caps on damages. In this case, there was a special California state law that allowed this family to overcome the caps in California wrongful death lawsuits because the defendant attempted to conceal their wrongful acts.
Wrongful death lawsuits are also often governed by the specific state statute instead of common law, as is the case with many other types of negligence lawsuits. Most of these cases have a specific time limit, or statute of limitations, in which you can bring your lawsuit. Further, in many medical negligence cases, some states require you to provide expert testimony. Finally, if your case goes to trial, you need someone experienced enough in trying cases to navigate the courtroom.