On Dec. 14, 2018, a wrongful death jury award was given to the estate of Patrick S., a vet who passed away suddenly when he jumped from a moving ambulance in July 2014.
According to Law360, the former Korean and Vietnam War veteran had recurring bouts of post-traumatic stress disorder (PTSD) from his tours of service in the military.
Patrick was purportedly under the care of defendants St. James Health-Olympia Fields Hospital, Kurtz Ambulance Service Inc., and nursing and paramedic staff when he jumped to his death. Reports say he was in a mentally compromised state during a transfer from Olympia Fields to a local veterans hospital for psychiatric intervention.
The wrongful death jury award of $7 million was based upon allegations that the medical professionals, facilities, and agencies should have known that Patrick was a danger to himself because of his PTSD. The patient was found by his adult children in the backyard of his daughter’s home pointing a sizable kitchen knife in a threatening fashion to his stomach.
The case indicates that the nursing staff failed in adequately communicating this danger to the paramedics which were responsible for keeping Patrick safe during transport to the psychiatric facility.
The family accused the paramedics of failing to monitor the patient during the ambulance drive. The court ultimately sided with this view and provided the veteran’s surviving children with the $7 million wrongful death jury award for their pain, suffering, and grief.
Wrongful Death Claim
Patrick’s family filed their personal injury wrongful death claim with the assertion that all the medical professionals, facilities, and agencies had demonstrated negligence for carrying out their professional duties to care for this war hero who had suffered the mental scars of his service to his country for many years.
According to the Law360 article, Patrick had had many bouts with his PTSD over the years. The episodes had become more and more frequent as a result of his aging process. At the time of his death, he was 64 years old.
The jury presiding over the wrongful death lawsuit voted unanimously to side with the family and provide the wrongful death jury award after hearing all evidence in the matter. The family had put forth legal claims against the defendants under the Survival Act and Wrongful Death Act for willful negligence and wanton behavior with respect to the patient.
The patient is survived by two adult children, Christopher and Jessica. Their lawyer claimed that the family had entrusted their father to the care of professionals for years and expected that they would do right by him. He argued that Patrick’s status as a war hero should have warranted a greater level of care. He believes the wrongful death jury award is the least society can do to recompense the family for their suffering.
The Wrongful Death Lawsuit is Case No. 2015-L-004732, filed in Cook County, Illinois Circuit Court.
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