Can a negligent killer recover from medical service providers for wrongful death?

Asked almost 2 years ago - Saint Louis, MO

An entity I'm somewhat affiliated with is facing legal action against it for wrongful death. Essentially, the accusation is related to the outcome of the provision of medical services of someone who had been injured by a weapon. The action is being brought by a parent. The plaintiff's spouse, the other parent, is the one who did it. Law enforcement hasn't pressed charges against the attacker due to a lack of proof of intent. Is there any way that the plaintiff's spouse's fault reduces the defendant's liability?

Additional information

Correction Jan 8 at 2pm: The second sentence should say .."provision of medical services TO someone who had been injured..."

The offending parent's action, if intentional/reckless, would be along the lines of assault with a deadly weapon.

Attorney answers (7)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Yes, of course.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Robert Bruce Kopelson

    Contributor Level 20

    7

    Lawyers agree

    Answered . That should be researched by local counsel. State laws vary. Mo. may allow comparative fault reduction. It may allow comp reduction of certain elements of damage and not others. May be fact specific. If a dad accidently hit his son with a baseball when playing, and the boy had a broken nose, and then goes to hospital which gives him the wrong medication and he dies, I think comp fault is a stretch. If dad accidently shoots his son in a hunting accident, and son may not make it due to grievous injuries, and hospital screws up and he dies, better chance for comp fault. the analysis actually may not be comparative fault as much as it is an issue of causation. In 1st example, Dad's negligence didnt cause the death, the hospital's did. In 2d example, it may be dad caused the death, and hospital may not have been able to save the boy even w/o the screw up.

  3. Rick E Woods

    Pro

    Contributor Level 10

    5

    Lawyers agree

    Answered . If the plaintiff lives with the spouse then yes. If they were separated at time of shooting then it is not automatic.

    This response should not be constued as legal advice on how to proceed as our firm does not have enough... more
  4. Melvin G. Franke

    Contributor Level 13

    4

    Lawyers agree

    Answered . I need more specific facts to give informed advice.

  5. Michael Ryan Juarez

    Contributor Level 16

    5

    Lawyers agree

    Answered . I have to agree with Attorney Lassen.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  6. Chris Matthew Limberopoulos

    Contributor Level 16

    5

    Lawyers agree

    Answered . In Florida,maybe.

  7. Peter John Marek

    Contributor Level 19

    2

    Lawyers agree

    Answered . There are a lot of questions that need answers here but generally speaking yes.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,636 answers this week

2,835 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,636 answers this week

2,835 attorneys answering