Justice and the law - Question

[Bevo 13560]

I heard this story second hand. Here is the background:

The parents neglected their daughter so the daughter was raised by her grandparents. I don't know if there was physical abuse but let's assume there was.

The daughter grew up and got a masters in social work and works with the homeless due to her trauma from her upbringing. She did not get married.

The daughter recently started to rebuild/build a relationship with her parents (because she is a forgiving person). But, the relationship is pretty weak and limited.

The daughter went to hospital following a minor procedure. The daughter developed an infection which worsened. The hospital was negligent and the daughter passed away.

The parents are now suing the doctor and the hospital for negligence.

 

So, basically the hospital and doctor were negligent and someone should win a large sum of money. In my opinion, the parents should not receive a dime. I would think that the daughter would put them last on the list, even if she was forgiving. As an outsider, I would put the parents last on the list.

How do y'all think this will play out in a court of law? We all want justice but how should it work in this case?

 

[Horn of Gabriel 1614]

Yes yes, but what does the daughter think about our RB situation?

[Machinator 32099]

[Dennis Taylor 18807]

3 minutes ago, Bevo said:

I heard this story second hand. Here is the background:

The parents neglected their daughter so the daughter was raised by her grandparents. I don't know if there was physical abuse but let's assume there was.

The daughter grew up and got a masters in social work and works with the homeless due to her trauma from her upbringing. She did not get married.

The daughter recently started to rebuild/build a relationship with her parents (because she is a forgiving person). But, the relationship is pretty weak and limited.

The daughter went to hospital following a minor procedure. The daughter developed an infection which worsened. The hospital was negligent and the daughter passed away.

The parents are now suing the doctor and the hospital for negligence.

 

So, basically the hospital and doctor were negligent and someone should win a large sum of money. In my opinion, the parents should not receive a dime. I would think that the daughter would put them last on the list, even if she was forgiving. As an outsider, I would put the parents last on the list.

How do y'all think this will play out in a court of law? We all want justice but how should it work in this case?

 

Don't know about all that but do you think we have the depth at Edge to stop playing Anthony Hill there in passing situations? He was very instinctive there, but it seems with the addition of Trey Moore, another year of experience for Ethan Burke, the possible emergence of Vacek, and tbe arrival of the heralded recruit Simmons we should have plenty of options there in my opinion 

[Bevo 13560]

5 minutes ago, Horn of Gabriel said:

Yes yes, but what does the daughter think about our RB situation?

Motherfucker. Did I post this on the wrong board? Please delete, ban, move, whatever. 

 

And our RB situation sucks. And it pisses me off. And assuming she was a UT fan, I hope she does something up there to give us luck. Apparently, we need it.

[Josef Pwag 1738]

9 minutes ago, Bevo said:

I heard this story second hand. Here is the background:

The parents neglected their daughter so the daughter was raised by her grandparents. I don't know if there was physical abuse but let's assume there was.

The daughter grew up and got a masters in social work and works with the homeless due to her trauma from her upbringing. She did not get married.

The daughter recently started to rebuild/build a relationship with her parents (because she is a forgiving person). But, the relationship is pretty weak and limited.

The daughter went to hospital following a minor procedure. The daughter developed an infection which worsened. The hospital was negligent and the daughter passed away.

The parents are now suing the doctor and the hospital for negligence.

 

So, basically the hospital and doctor were negligent and someone should win a large sum of money. In my opinion, the parents should not receive a dime. I would think that the daughter would put them last on the list, even if she was forgiving. As an outsider, I would put the parents last on the list.

How do y'all think this will play out in a court of law? We all want justice but how should it work in this case?

 

… Now, many many years ago
When I was twenty three
I was married to a widow
Who was pretty as could be

… This widow had a grown-up daughter
Had hair of red
My father fell in love with her
And soon the two were wed

… This made my dad my son-in-law
And changed my very life
My daughter was my mother
'Cause she was my father's wife

… To complicate the matters
Even though it brought me joy
I soon became the father
Of a bouncing baby boy

… My little baby then became
A brother-in-law to dad
And so became my uncle
Though it made me very sad

… For if he was my uncle
That also made him the brother
Of the widow's grown-up daughter
Who, of course, was my step-mother

… I'm my own grandpa
I'm my own grandpa
It sounds funny I know
But it really is so
I'm my own grandpa

[DaggerHorns 3082]

So…I’m not an attorney but I do work in the realm of guardianships and trusts. I also have eleventy thousand licenses for all sorts of nonsense.

In this particular instance they will look at legal addresses/backgrounds etc. an attorney for the med mal insurance company could easily dig into their background. The legal premise of “insurable interest” could easily be disproven. It would also be easy to request tax returns that could uncover the case of “dependency” or due care that was not given by biological parents.

From an insurance attorney perspective, a good attorney would easily uncover these issues.

Edited August 13 by DaggerHorns
Ballz

[Bevo 13560]

Help, @blacklab, @immamac, god, @SomeDude@someguy.

['stache 21792]

Pretty sure that's why Texas and OU joined the SEC, "Rig XII" refs would have awarded deadbeat parents a billion dollars. 

Edited August 13 by 'stache

[Bevo 13560]

20 minutes ago, DaggerHorns said:

So…I’m not an attorney but I do work in the realm of guardianships and trusts. I also have eleventy thousand licenses for all sorts of nonsense.

In this particular instance they will look at legal addresses/backgrounds etc. an attorney for the med mal insurance company could easily dig into their background. The legal premise of “insurable interest” could easily be disproven. It would also be easy to request tax returns that could uncover the case of “dependency” or due care that was not given by biological parents.

From an insurance attorney perspective, a good attorney would easily uncover these issues.

 

I wouldn't want the doctor/hospital/insurance company getting away without punishment either. If I was making the decisions, the money would go to friends, siblings (if she had any and was close with them), foster care, homeless shelters...

[Jerry Callo 8695]

The parents are likely suing on behalf of the daughter's estate.  If the daughter had a will, it will be divided pursuant to the will.  If not, the estate will be divided pursuant to the probate code.  Without any children or husband, the parents are likely to get the estate's assets.

If the parents relinquished their parental rights they might not take under the probate code.

Edited August 13 by Jerry Callo

[hookemATL 11701]

The parents killed her. That much is obvious. The real question is how is Russia and/or the reverse vampires and the Rand Corp involved?

 

[Dahobbs 17522]

2 hours ago, Bevo said:

I heard this story second hand. Here is the background:

The parents neglected their daughter so the daughter was raised by her grandparents. I don't know if there was physical abuse but let's assume there was.

The daughter grew up and got a masters in social work and works with the homeless due to her trauma from her upbringing. She did not get married.

The daughter recently started to rebuild/build a relationship with her parents (because she is a forgiving person). But, the relationship is pretty weak and limited.

The daughter went to hospital following a minor procedure. The daughter developed an infection which worsened. The hospital was negligent and the daughter passed away.

The parents are now suing the doctor and the hospital for negligence.

 

So, basically the hospital and doctor were negligent and someone should win a large sum of money. In my opinion, the parents should not receive a dime. I would think that the daughter would put them last on the list, even if she was forgiving. As an outsider, I would put the parents last on the list.

How do y'all think this will play out in a court of law? We all want justice but how should it work in this case?

 

See below for a general answer

1 hour ago, Jerry Callo said:

The parents are likely suing on behalf of the daughter's estate.  If the daughter had a will, it will be divided pursuant to the will.  If not, the estate will be divided pursuant to the probate code.  Without any children or husband, the parents are likely to get the estate's assets.

If the parents relinquished their parental rights they might not take under the probate code.

The more complicated answer is it depends upon the particular state's law. There are two related claims here, (1) medical malpractice resulting in the infection and (2) wrongful death. In some states, when negligence causes death, the two claims get merged into the wrongful death action. In other states, the two claims remain independent.

The first claim is generally referred to as a survival claim and would most often belong to the estate of the deceased person. The person able to bring that claim is usually the court-appointed representative of the estate. The damages collectable on that claim would be medical expenses and pain and suffering incurred by the deceased prior to their death. 

The second claim, if separated from the first claim, would not be for damages caused to the deceased person (e.g., not for pain and suffering felt by the deceased), but rather for damages caused to the heirs and family of the deceased--e.g., loss of companionship, support, etc. The person who can bring this claim (i.e., file suit) varies among the states. In some instances parents, children, or siblings can bring a wrongful death claim on their own. In other instances it has to be the court-appointed personal representative of the estate. In all instances the damages are recoverable for benefit of heirs/beneficiaries of the deceased's estate. 

An important thing to note is just because a person is the court-appointed personal representative of an estate for purposes of filing suit and collecting money does not mean that actually get to ultimately receive any of those funds. Rather, the personal representative's job is to disburse the funds among the heirs/beneficiaries of the deceased's estate according to the law, including any will of the deceased. 

So, whether or not these particular parents have standing to sue for either claims (1) or (2) is going to depend upon state law, whether they were appointed by court to represent the estate, and whether anything about the past abuse nullifies their standing as biological parents. Assuming they have standing to file suit, whether or not they ultimately get to benefit from any money collected will depend state law, arguments that they are not entitled given the past abuse, and any will of the daughter.