Asked almost 4 years ago - Lake Havasu City, AZ
FlagMy brother hung himself in a closet with his wife knowing he was going to do it, also he went to a doctor that treated him for depression and drug addiction, he told the doctor about trying to hang himself and his son cut him down, he had an appointment that week and the doctors let him go and priscible him 3 x the amount of vicadine. Do I have a case against them they have offered free counsling for all of the family,, and said they knowingly did it by mistake. and started a fund raiser so this never happens again..
There are two different issues presented in your question. First, whether there is a valid wrongful death case. Second, whether you may bring it on behalf of your brother.
In regards to the first question, there are far too many facts that are not spelled out in your question to give an honest answer. Claims against medical professionals in these settings are often difficult for a variety of reasons, but have been successful where the negligence can be well demonstrated. You would really need to compile all documentation and meet with a lawyer who specializes in this area to give you a good answer.
Second, you raise the question whether you could bring the claim. You could not under Arizona law. Brothers and sisters cannot bring Arizona wrongdul death action. Now, it is possible your brother's estate could bring the claim, and that you are a beneficiary (I have no idea, but it is possible) but as a brother you could not bring the claim directly on your own behalf.
Yes, you may definitely have a wrongful death or medical malpractice/personal injury suit. The question is who is the proper representative of your brother's estate? I recommend that you call an attorney immediately and discuss the matter in person. A good attorney will handle such a matter on a contingent fee basis (with nothing paid by you except from the recovery). I recommend that you call your local county bar association and ask for a referral to an attorney. Good luck!
I am sorry for the loss of your brother and extend my condolences. As I am not licensed in your state, I can only offer you general information.
What you describe may be a potential medical malpractice/wrongful death claim against the doctors and their medical practice. Generally wrongful death claims are prosecuted on behalf of the decedent's estate by the executor or personal representative of the deceased. If your brother had a will, it will name his executor or personal representative. If he did not leave a Will, you or his wife or another relative potentially could be appointed as the estate representative.
I would suggest that you and your sister in law arrange a free consultation with a personal injury attorney in your area and fully discuss this situation with that attorney. You will ultimately need the full and complete medical records of your brother as well as the testimony of an expert psychiatrist to prove that your brother's Dr. breached the accepted standard of care and caused the death of your brother. Do not delay in seeking competent counsel, as often times the statute of limitations for bringing a medical malpractice or wrongful death claim is shorter than the other types of torts. In the interim, I would not give any statement to the doctors or their insurance carrier, nor should you grant them access to your brother's medical records without first consulting with a personal injury attorney.
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