The family of retired New York Times journalist David Rosenbaum is suing Howard University Hospital and Washington D.C. for errors D.C. police and hospital workers made in their care of Rosenbaum after he was robbed and severely beaten in a Northwest neighborhood in January 2005. The wrongful death case also alleges that there were delayed ambulance response, further delays at the hospital, and misdiagnosis.
The lawsuit says that rescuers mistakenly diagnosed Rosenbaum as being drunk when they found him. Rosenbaum was classified as a low priority and an emergency room doctor didn’t see him until 90 minutes after he was attacked. Just last month, Percey Jordan, 42 was convicted of of second- and first-degree murder, robbery, conspiracy to commit robbery, and five counts of credit card fraud in the death of Rosenbaum, 63. Jordan’s cousin, Michael Hamlin, pleaded guilty to second-degree murder.
A wrongful death case may be filed when a person dies due to the wrongful or negligent conduct of another person or persons. Medical malpractice can also be a reason for filing a wrongful death lawsuit.
Medical malpractice requires evidence that the defendant was negligent or failed to perform their duties in the care of a patient. Medical malpractice in a wrongful death suit can involve delayed diagnosis, misdiagnosis, medical errors, surgical errors, or improper treatment resulting in someone’s death.
Before you can file a wrongful death case, you must be able to:
§ Establish that the victim was indeed killed through negligence.
§ Provide evidence that could justify initiating a wrongful death case.
§ Find the perpetrator. Of course, in many cases, this will be straightforward, but in some cases it might not be obvious as to who is responsible.
You must then find a wrongful death attorney to take up your case. It is important that you hire an attorney who is experienced at handling wrongful death cases and knows the wrongful death statutes of your state. A personal injury attorney can advise you regarding whether it makes sense to file a wrongful death case.
Damages in a wrongful death claim include the survivor’s loss of the love, society, affection, and financial support through future earnings and benefits, medical, funeral and burial expenses of the family member who has died.
The personal injury law firm of Lebowitz and Mzhen handles wrongful death and other personal injury-related cases that result due to someone else’s negligence. If you live in Maryland or Washington D.C., contact Lebowitz and Mzhen for a free consultation.
Journalist’s Family Files Wrongful Death Lawsuit, NBC4.com, November 20, 2006
Suspect Convicted In Rosenbaum Trial, NBC4.com, October 24, 2006
How To File A Wrongful Death Case, Howtoall.com
Related Web Resource:
Personal Injury, Nolo.com