QUESTION: My son committed suicide after not getting help or medication in a mandatory psychiatric holding facility. Can I sue them for malpractice or wrongful death? ANSWER: Psychiatrists, hospitals, or mental health facilities owe a duty of care to take responsible steps to prevent foreseeable suicide. This special relationship is born out of the patient’s dependency on the health care provider who “has some control over the (patient’s) welfare” [Kockelman v. Segal (1998)].
QUESTION: My son was shot and killed while at a convenience store. Is the store liable for not calling for help even though there were cameras on the site? Do I have a case? ANSWER: In a wrongful death lawsuit, the death of the individual must be caused by the negligence or tortious act of another. For cases of death due to the crime committed by third parties, those who have a special relationship with the victim may be liable under certain circumstances.
QUESTION: My father died in a horrific accident in February 2013. We were all devastated, and his partner of 40 years is trying to sue for wrongful death or compensation because he was her provider, but they were never married. Is she legally allowed to do this? Can a non-family sue for wrongful death? We also want to know if we have a wrongful death case as his surviving children. ANSWER: The California Code of Civil Procedure provides for certain heirs to file for a wrongful death action on their.
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