Louisiana Record reports on a tragic wrongful death case involving the suicide of a 19-year-old man. According to the news source, the man’s mother is suing the Louisiana Department of Health and several staff members at the hospital where his death occurred for failing to prevent it.
The man hanged himself at a state mental hospital in April of last year. According to the woman’s claim, staff had placed him on increased watch because of his attempts to self-harm. His mother also claims he had a history of mental illness, which included suicidal thoughts and tendencies.
The woman alleges the hospital has doctored their documented security checks in an attempt to cover up the negligence of their staff. She believes her son was able to plan and ultimately go through with his suicide attempt in a secured unit at the mental hospital because staff did not provide adequate supervision.
According to the plaintiff’s claim, her son’s death would have been prevented had staff implemented an appropriate monitoring program. The woman is seeking compensatory and punitive damages.
If your loved one received substandard care at a mental hospital, contact The Bowling Law Firm. David A. Bowling can assess your case to determine if you may be entitled to compensation for the damages your family incurred. Call (504) 586-5200 to schedule a case evaluation with a wrongful death lawyer in Baton Rouge.
Who Can File a Wrongful Death Claim in Louisiana?
If you lost a loved one to a preventable accident that occurred as the direct result of someone else’s recklessness or negligence, you may be considering filing a wrongful death claim. In the state of Louisiana, only certainly parties are eligible to file such a lawsuit on behalf of the deceased. These parties include:
The executor of the deceased’s estate;
The surviving spouse or children of the deceased;
The surviving parents of the deceased;
The surviving siblings of the deceased; and
The surviving grandparents of the deceased.
Can You Still File a Wrongful Death Claim If the Deceased Was Partially at Fault?
Louisiana is a comparative fault state, which means you can still file a claim even if your loved one was partially at fault for the circumstances surrounding his or her death; however, if the deceased was somewhat liable for the death, the estate can only recover a portion of the damages.
This portion will correspond directly to the percentage of the defendant’s liability. For example, if the court determines that you incurred $500,000 in damages and a jury decides your loved one was 25 percent responsible for the death, the maximum amount that you could recover would be $375,000.
If your loved one died as a result of someone else’s negligence or reckless behavior, contact The Bowling Law Firm. Wrongful death cases are incredibly complex, but a Baton Rouge medical malpractice attorney from our Firm can guide you through every step of the proceedings.