Attorneys Robert, David and James Cody

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Restrained inmate files wrongful death lawsuit after baby dies

On Behalf of | Jul 13, 2021 | Firm News |

Most people in Minnesota may believe that cases of wrongful death only cover scenarios where the intentional negligence of a person or party directly contributes to the death of another. In such situations, most may believe that a straight line exists between cause and effect. However, that may not always be the case.

Indeed, oftentimes subtleties in such cases exist. For example, sometimes the party responsible has no intention of causing harm (much less fatal harm), yet that ends up the outcome of their overzealous actions. Yet even if that proves to be the case, that may not absolve them of liability.

Wrongful death lawsuit filed on behalf of a deceased baby

A recent settlement agreed to over a wrongful death lawsuit in Kentucky illustrates this point. Per, a woman housed in a local corrections facility (who was 20 weeks pregnant at the time) complained of premature contractions. Her lawsuit claims that officials waited 11 hours before calling an ambulance to take her for treatment. She goes on to say that responders restrained her hands and feet during the ride (during which time she delivered her baby). The child later died that the hospital. Both the jail and the facility’s medical provider (the two defendants in the lawsuit) settled with the woman.

Holding parties accountable for indifference

Some may say that in this case (and others like it), officials simply followed protocol (and thus are not liable). Yet the context of a particular moment should dictate participants’ actions. Indifference to that context (like the one displayed here) could certainly qualify as negligence. Those who suffer from such negligence may thus choose to pursue a wrongful death action.