VA Faces Wrongful Death Lawsuit from Navy Veteran’s Family

The children of a Navy veteran have filed a wrongful death lawsuit against the VA Palo Alto Health Care System. According to a news report on Military.com, the 72-year-old man, who had served in the Vietnam War, died from a traumatic brain injury a week after he fell in his hospital room. The lawsuit alleges that he was left unattended and unrestrained in his chair. The man’s three grown children filed the wrongful death lawsuit after the Department of Veterans Affairs denied their administrative tort claim of medical negligence, which was filed in July 2016.

Lawsuit Alleges Negligence

In its response, the agency wrote that its review determined there was no negligent or wrongful act on the part of an employee of the Department of Veterans Affairs that caused the patient harm. However, the man’s children believe that the VA staff neglected their father alleging that employees left him in the chair unrestrained despite knowing that he was at serious risk of falls due to his feeble condition. At the time of his fall, the man was on multiple feeding tubes. His foot was black and gangrenous from lack of circulation and he depended on the medical staff at VA Palo Alto for all of his everyday activities, the complaint stated.

The man had gone to the hospital in February 2016 for a condition that required several surgeries. He suffered a heart attack after the first surgery and doctors then determined that he could not withstand more surgeries. He was put on blood thinners to treat blood clots, which increased his bleeding risk in the event of a fall. The lawsuit alleges that on April 28, 2016, the man was left unattended for about 40 minutes when he fell and suffered the fatal head injury.

Wrongful Death Lawsuits

A wrongful death lawsuit typically stems from a fatal incident that is caused by the negligence or wrongdoing of a person, entity or corporation. A wrongful death lawsuit must be filed by a representative on behalf of the survivors who must demonstrate they have suffered damages as the result of the victim’s death. Examples of parties who can bring forth wrongful death lawsuits include immediate family members (spouses, children); life partners, financial dependents and putative spouses; distant family members such as siblings or grandparents; or just about anyone who suffers financially as the result of the victim’s death.

Compensation for Damages

Damages that could be claimed in a wrongful death lawsuit include medical expenses, lost future wages, funeral and burial costs, and loss of love, care and companionship. The loss of a loved one can deal a severe emotional blow. However, not many are aware of the financial consequences of such a loss until they, unfortunately, experience it.

The Sacramento wrongful death attorneys at the Demas Law Group P.C., provide quality and compassionate legal representation to families that have lost loved ones due to someone else’s negligence and wrongdoing. We can assist you through what could be a complex legal proceeding. Call us at (916) 444-0100 for a no-cost consultation and case evaluation.