Can I file a wrongful death suit against a roommate for not calling 911 for my diabetic daughter?

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My daughter died after 2 days of what people thought was food poisoning. Her insulin pump was not working and she was ill from Diabetic Ketoacidosis. No one in the home tried to contact any medical help for her.

Attorney Answers

6
Diane Gruber ·
So sorry about your daughter. Are you asking if the roommate had a duty to call 911 because your daughter was ill? Probably not. But much more information is needed. I am posting this to the wrongful death section.
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Joanne Reisman ·
First, there isn't enough information to be able to answer your question. It sounds like the police should be contacted to investigate the situation and determine if someone failed to seek medical help when it was obvious that the person was in distress. We also don't know why your daughter, presumably and adult, didn't seek help for herself before she was too incapacitated to do something although I can imagine if she didn't know that her pump wasn't working she might not have realized she had a problem while she was still able to get help. As for seeking a wrongful death claim, unless the roomate has a lot of money or an big insurance policy that might pay out, it would be a waste of time and money. You have to prove liability AND have a way to collect any judgment you get. Also be aware that the wrongful death case are governed by a strict statute and the only people that receive the money are those named as recipients in the statute. Go to this link and read ORS 30.020: https://www.oregonlegislature.gov/bills_laws/ors/ors030.html
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Robert Kopelson ·
Get a free consult from local injury lawyer asap. State laws vary as to duties someone owes to assist others in general.
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Peter Munsing ·
Contact a member of the Oregon Trial Lawyers Assn for the town where she was staying. They give free consultations. Generally, a person does not have a duty in most states to be a good samaritan. A lot depends on who said what to whom. If your daughter was of age and didn't recognize the symptoms, it would not be unusual for people to assume she had the flu, that she'd want to sleep, to not disturb her. Presumably the coroner and police looked at it.
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James Heiting ·
Usually there is no requirement to help somebody else, or to make a 911 call on their behalf. This can differ from state to state, and you should make sure you consult with an experienced attorney in the state where this happened, share all the details and talk about your options. It may be that you, personally, cannot bring a case at all, depending on the state's laws; but it is worth consulting, no matter what. I'm very sorry to read of your loss of your daughter, and I hope you will get satisfaction and answers to all your questions.
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