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Suicide/Wrongful Death

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jsbarone

Junior Member
California,

Hey. My Fiance's father attempted suicide in August of this year via some methodone. His wife found him gasping for breath and called the ambulance, and they put him in the hospital for four or five days. He told several people prior to the suicide attempt that he wanted his chronic back pain to just "go away", and told his shrink that he had guns in the house and was very depressed. Upon hearing this news his shrink upped his anti-depressant pills.

Anyways, he survived the methodone suicide attempt and less than a few days after being released commited suicide by shooting himself in the head. He was a kaiser patient, so I know that you can't "sue" them per se, and that they won't admit any guilt, but were they in the wrong in this situation?

They didn't do a psychiatric evaluation on him before releasing him from the hospital, even considering the knowledge that he was suicidal and had weapons in the house. From talking with other lawyers about the case, they suggested that we might have "something" but that Kaiser is extraordinarily hard to sue, and that arbitration would be a long and expensive process. They also said that we'd need to prove that Kaiser was negligent in their care, and that if they had intervened he would still be alive.

So what do you guys think? Do we have a case?

An interesting side note is that for the first attempt, his wife, my fiance' and I were at the home when we got a call from Kaiser telling us he was Code Blue (heart failure) and that we needed to get to the ER ASAP. We drove there as fast as we could, and upon arrival were informed by a giggling nurse that they had accidentally called the wrong family and that he was fine.
 


rmet4nzkx

Senior Member
I'm sorry for your loss.

Yes, suing a HMO in California is not an easy process but it is not impossible I suggest the family consult a PI/medmal attorney who is competent to handle such a case. Arbitration or lawsuit, there are deadlines for filing that must be completed in a timely manner so obtaining a consultation and review of the case ASAP is very important as is filing complaints with the DMHCO. Also Complaints with the medical board can be filed.
 

seniorjudge

Senior Member
I'm sorry for your loss.

Yes, suing a HMO in California is not an easy process but it is not impossible I suggest the family consult a PI/medmal attorney who is competent to handle such a case. Arbitration or lawsuit, there are deadlines for filing that must be completed in a timely manner so obtaining a consultation and review of the case ASAP is very important as is filing complaints with the DMHCO. Also Complaints with the medical board can be filed.
I know this must be a terrible time for you all; but bear in mind that if a person wants to commit suicide, there is little that anyone can do to prevent it.

Best of luck.
 

rmet4nzkx

Senior Member
I know this must be a terrible time for you all; but bear in mind that if a person wants to commit suicide, there is little that anyone can do to prevent it.

Best of luck.
True, however, there are strict requirements when there is a threat of harm to self or others, which may or not been followed in this case. Even if this became a coroner's case, that doesn't guarantee that there would be an investigation of the actual medical documentation leading up to the suicide or a M&M at the hospital.
 

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