Medical Alert Device Wrongful Death Claim: Can a Medical Device’s Failure Be Wrongful Death?
Medscope America Corp. and Avantguard Monitoring Centers LLC settled a lawsuit brought by a man in Georgia who believes his mother’s distress call on such a device was handled in a negligent manner. She did not get the medical care she needed, and that led to her death.
In this case, Loretta Lewis used the medical device when she was struggling to breathe, but the operator from Avantguard failed to convey the urgency of the situation to the 911 dispatcher or provide necessary information, including that the door to the house was locked. They could not get into the home soon enough, and by the time they did, Lewis was barely breathing and died of an anoxic brain injury three days later.
This is an important product liability suit about electronic alert companies. The issue always will be to prove that if the alert had worked and someone had gotten there sooner, would that have made a difference? In other words, was there causation of the negligence (alert company did not respond on time) to the event (death or other serious injury)?
In our experience in helping to recover millions of dollars in wrongful death claims, we know that proving negligence is not simple. We must show a jury that someone in this process was negligent.
Complexities in wrongful death require a skilled Miami attorney
In legal battles like this, it is critical to a highly experienced Miami wrongful death lawyers. Proving that a person died or suffered serious injury because a medical device or those using it failed them requires extensive research and legal insights into the specific relationship established between the user of the device and the service provided.
In the case of Ms. Lewis, the companies that market their products to people who are disabled or elderly – people who certainly are turning to the service because they have a risk – should have known that she was at home, alone, with the doors locked and unable to open those doors. Should they have communicated that to the 911 dispatcher, EMS would have been there sooner to open the door to get to the individual.
Hickey Law Firm specializes in “life changing injuries”®. Call today. Call now. 800.215.7117
Hickey Law Firm Accident and Injury Trial Lawyers can help determine:
- If wrongful death occurred
- Who is to be held responsible for that death
- What could have been done to prevent it
- What legal evidence is there to back up claims
- And how to hold the responsible party accountable
The Best Lawyers in America® recognizes John H. (Jack) Hickey in three areas: Personal Injury Litigation – Plaintiffs, Medical Malpractice – Plaintiffs, and Admiralty and Maritime Law. He is double Board Certified by the Florida Bar (Civil Trial, and Admiralty and Maritime Law) and Board Certified (Civil Trial) by the National Board of Trial Advocacy (NBTA).
We have worked tirelessly to fight for our clients and their rights to compensation after negligence like this. We are not for everyone: we are for the seriously and catastrophically injured. We have taken on global corporations like , cruise lines to shipping companies, along with national and international product manufacturers who failed to ensure their products were safe. Let us fight for the compensation you deserve in this type of legal matter.
Call Hickey Law Firm Accident and Injury Trial Lawyers immediately for a free consultation to discuss your case. If you believe your family member died or suffered a serious injury due to a failed medical alert device, we want to help you obtain compensation for that loss. Our Miami wrongful death attorneys are always here to help you. You don’t pay unless we win. Call our office or submit our contact form today to schedule a free consultation. Serving all of Florida.
Attorney John H. (Jack) Hickey and his team handle a wide range of cases, including but not limited to cruise ship accidents, admiralty and maritime accident cases, medical malpractice, wrongful death, premises liability, railroad accidents and car accidents. We represent victims from all over the nation, the world and the state of Florida.
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