An Arizona widow has filed a federal wrongful death lawsuit against the Phoenix VA Medical Center, claiming that the hospital mistakenly gave her husband a false diagnosis that led to his suicide.
In the wrongful death lawsuit, plaintiff Shirley F. claims that her cancer-stricken veteran husband, Gene S., killed himself after the Phoenix VA Medical Center erroneously told him he did not have long to live.
In October 2012, a physician at the center told Gene, who served in the U.S. Army from 1968 to 1970, that his cancer had spread to his lungs, and he only had a few more weeks to live, according to the wrongful death lawsuit. Three days later, the 67-year-old veteran shot himself in the head.
However, the day after Gene’s death, his widow received a phone call from the hospital saying that the diagnosis was wrong and he was not about to die.
Shirley filed the wrongful death lawsuit in an Arizona federal court. She is seeking damages for wrongful death.
The Phoenix VA Medical Center is no stranger to wrongful death lawsuits. The U.S. Department of Veterans Affairs has received nearly 200 claims of wrongful death or injury at the Phoenix VA Medical Center since 2004, according to documents obtained through a federal public records request.
The VA’s Office of General Counsel released a list detailing each claim against the embattled Phoenix VA Medical Center including accusations of misdiagnosis, malpractice and failure to diagnose or treat a patient in a timely manner.
Who is Legally Liable for Suicide?
It’s tragic, but thousands of people in the United States commit suicide each year. While sadly, it’s an individual’s choice to take her own life, there are times when someone other than the victim may be allegedly be liable for a suicide, such as a medical professional.
As a practical matter, their liability, if any, depends on the same legal principles as a malpractice lawsuit. It requires a showing that:
- The professional owed a duty to the victim to protect him from harm. A doctor-patient relationship can establish the duty.
- The professional “breached” or broke that duty.
- The breach of duty and victim’s injury are connected.
- The victim in fact suffered an injury.
Wrongful death lawsuits involving suicide and malpractice are filed by someone who survives the person who committed suicide, such as a parent or spouse, or sometimes the suicide victim’s estate, especially if he or she was an adult.
A medical or mental health care professional may face liability for a suicide in cases involving:
- Misdiagnosing or failing to properly identify the risk of suicide
- Failing or refusing to take appropriate measures to prevent suicide, up to and including involuntary commitment to a mental health facility
- Prescribing medications, or an improper dosage of medications, that tend to increase the risk of suicide
- In the case of minors or other dependent children, failing to inform parents or guardians of suicide risks identified by the professional
Obtain a Free Wrongful Death Case Evaluation
If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.
The following types of wrongful death cases are common examples of what a family member can sue for:
- Car Accidents
- Bicycle or Pedestrian Accidents
- Motorcycle Accidents
- Boating Accidents
- Medical Malpractice
- Medication Errors
- Workplace Accidents
- Drowning Accidents
- Nursing Home Neglect/Abuse
- Slip and Fall Accidents
- Defective Products
- Other Personal Injury Claims that Caused the Death
2 thoughts onWidow Files Wrongful Death Lawsuit Against Phoenix VA
My father was recently diagnosed with secondary stage 4 brain cancer. The va in Fl failed to diagnose the cancer, even though he had a lung biopsy and pet scan less than 3 months ago. He was also admitted to their hospital close to a dozen times because his health kept failing. We were told it was adrenal gland deficiancy and he was put on steroids. They never bothered to look into cancer on his adrenals even though he had every symptom of cancer. His new oncologist said that he has had the cancer in his brain for several months which means the cancer has been in his lungs/ adrenal glands for alot longer than that. They absolutely failed to diagnose his cancer in the early stages now its stage 4 and its not curable. He is going to die because of their negligence. I need to know how to go about filing a suit against them. Thank you. [email protected]
My husband died as a result of delayed diagnosis from the Phoenix V A Hospital