Wrongful Death Lawsuit: Did Police Negligence Cause Stroke Victim’s Death?

Every 40 seconds, someone in the United States has a stroke, and every 3 minutes and 11 seconds, someone dies of a stroke. When law enforcement encounters individuals who are having a stroke, their actions can have life-altering consequences. If a person dies due to police negligence, can their family file a wrongful death lawsuit? This blog post will explore the legal aspects of such cases, providing information for those who believe police negligence contributed to the death of a loved one who suffered a stroke.

Understanding Wrongful Death Lawsuits

A wrongful death lawsuit is a civil action brought by the family or estate of a deceased person against someone whose negligence or intentional actions caused their death. These lawsuits aim to provide compensation to surviving family members for their losses, which can include:

Loss of financial support
Loss of companionship
Medical and funeral expenses
Pain and suffering

To win a wrongful death case, the plaintiff (the person filing the lawsuit) must prove the following elements:

Duty of Care: The defendant (the person being sued) owed a legal duty of care to the deceased. For example, police officers have a duty to act reasonably and not cause harm to others.
Breach of Duty: The defendant breached this duty through negligence or intentional misconduct. Negligence is a failure to act with ordinary, reasonable care.
Causation: The defendant’s breach of duty directly caused the death.
Damages: The deceased’s family suffered measurable damages as a result of the death.

Police Negligence and Wrongful Death

Police officers are expected to “serve the community, protect lives, uphold the law, and act with integrity and fairness”. However, instances of police misconduct or negligence can occur, sometimes resulting in fatalities. A wrongful death claim against the police may arise when someone dies because of the actions or inactions of law enforcement officers.

Common grounds for wrongful death lawsuits against the police include:

Excessive use of force
Failure to provide adequate medical care
Reckless driving
Illegal detention

Police Negligence in Cases Involving Strokes

When dealing with individuals experiencing a medical emergency such as a stroke, police officers have a responsibility to provide reasonable care. Failure to recognize stroke symptoms, delaying medical treatment, or misdiagnosing a stroke can constitute negligence.

What is considered police negligence?

Failure to recognize symptoms such as sudden weakness, slurred speech, or facial drooping as signs of a stroke.
Not ordering necessary tests, such as CT scans or MRIs, to confirm a stroke.
Failure to administer timely treatment to restore blood flow to the brain.

Example:

In one case, a family filed a federal wrongful death lawsuit after a man suffered a stroke while in custody. The man was arrested for driving while intoxicated, but his family argued that the police should have recognized that he was having a stroke. Surveillance footage showed the man collapsing in his cell before eventually being transported to a hospital, where he died three days later. The family’s attorney claimed there was evidence that police suspected a stroke even before the arrest.

Legal Challenges and Defenses

Wrongful death claims against the police can be complex due to legal doctrines such as qualified immunity and statutory protections. Qualified immunity protects government officials from liability unless their conduct violates clearly established statutory or constitutional rights, and there’s a chance that the police will try to get out of it by raising the affirmative defense of “qualified immunity.”

To overcome qualified immunity, the plaintiff must show that:

The conduct was unreasonable.
The conduct infringed the plaintiff’s constitutional rights.
The conduct caused injury or damage to the plaintiff.

The burden of proof falls upon the victim to prove by a preponderance of the evidence (1) that the offending conduct occurred under color of state law, and (2) that this conduct deprived the plaintiff of the rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution.

How to Prove Wrongful Death

To prove wrongful death, you need to gather evidence of each element of the claim, such as:

Medical records
Police and incident reports
Witness testimonies
Expert witnesses
Funeral costs

Seeking Legal Assistance

If you believe that police negligence caused the death of a loved one who suffered a stroke, it is crucial to seek legal assistance from an experienced personal injury attorney. A lawyer can help you:

Investigate the circumstances surrounding the death
Gather evidence to support your claim
Navigate the legal complexities of suing a government entity
Negotiate with the police department or their insurance company
Represent you in court, if necessary

Conclusion

Losing a loved one is a painful experience, and it can be even more devastating when police negligence may have contributed to their death. While pursuing a wrongful death lawsuit against the police can be challenging, it is a way to seek justice and compensation for your losses. If you or someone you know has experienced a similar situation, consulting with a qualified attorney is essential to understand your legal rights and options.