My sister Jenny just died from a disease that her own Louisville doctor and a specialist failed to diagnose, despite the fact that a nurse in the specialist’s office mentioned her suspicions of this disease during my sister’s examination. The disease was discovered during Jenny’s autopsy. Does her husband have a case for wrongful death? Can the nurse be called as a witness?

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Your brother-in-law should certainly consult an attorney. From what you have said, he probably does have legitimate grounds for a wrongful death lawsuit.

The Legal Dictionary defines wrongful death as “the taking of the life of an individual resulting from the willful or negligent act of another person or persons.” It sounds as if at the very least the specialist was acting negligently, especially if his or her nurse brought up the possibility.

Lawsuits for wrongful death are filed separately from those for criminal charges, and the outcome of one does not affect the outcome of the other. For example, a plaintiff may be acquitted of murder charges, yet the family of the victim may successfully sue for wrongful death, as happened in the case against O.J. Simpson.

Simpson was not found guilty of killing his ex-wife Nicole Brown Simpson and her friend Ron Goldman, but Brown and Goldman’s families sued Simpson for wrongful death. The Superior Court in Santa Monica, California, ruled him responsible for the deaths and made him pay $33.5 million to the families.

When you lose someone you love because of the actions or negligence of someone else, you deserve some compensation. Get an experienced wrongful death attorney in Louisville. Call Gray and White Law at 502-210-8942 or toll free at 888-450-4456 to set up a FREE, no-obligation consultation.