The Halecki Case: Rights of the Survivors of a Victim of Unseaworthiness under a State Wrongful Death Act

1958 ◽  
Vol 58 (5) ◽  
pp. 736
Keyword(s):  
Wrongful Death

Abstract 241: Legal Risk of Bystander Cardiopulmonary Resuscitation

Circulation ◽  
2019 ◽  
Vol 140 (Suppl_2) ◽  
Author(s):  
Travis Murphy ◽  
Sonora Windermere ◽  
Tareyn Morris ◽  
John Slish ◽  
Liam Holtzman ◽  
...  
Keyword(s):  
Age Groups ◽  
Research Database ◽  
Legal Cases ◽  
Legal Literature ◽  
Jury Verdicts ◽  
The Usa ◽  
Bystander Cardiopulmonary Resuscitation ◽  
Bystander Cpr ◽  
Training Motivation ◽  
Wrongful Death

Background: Research has shown disparities between provision of bystander CPR among different race, gender and age groups. Reasons for this disparity have included concern of legal liability by responders. We propose that bystanders are more likely to face litigation for lack of intervention as opposed to providing bystander CPR. This review of the legal literature seeks to quantify the number of cases brought against responders in the USA over the past 30 years. Methods: The Westlaw legal research database was searched for jury verdicts, settlements, and appellate opinions from all 50 states from 1989 to 2019, in which the use or non-use of CPR gave rise to a personal injury or wrongful death lawsuit. A total of 274 cases were initially identified and manually reviewed. Outcomes recorded included case jurisdiction, location, date, plaintiff and defendant demographics, bystander training, motivation for the lawsuit, including claims of battery for performing CPR or negligence related to injuries or death following CPR or AED use. Results: Preliminary data shows that 41.1% (114 of 274) of all cases screened were directly due to the provision of bystander CPR or lack thereof. Among the relevant cases, 64% (73 of 114) were due to inadequate or untimely bystander CPR. Battery cases due to providing CPR amounted to 32% (32 of 114), but of these, 59.4% (19 of 32) were ruled in favor of the defendant. Conclusions: This represents the largest study of legal cases involving bystander CPR in the medical literature, limitations include a lack of a national repository of trial data thus underestimating the total number of cases involving bystander CPR. The likelihood of facing litigation is significantly higher in cases where bystander CPR was delayed or not provided. The authors propose the inclusion of this data and reiteration of protective statutes in all 50 states during CPR training to reassure and encourage trainees.

Update to Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of California

2021 ◽  
Author(s):  
Barry Ben-Zion ◽  
Michael Visser
Keyword(s):  
The State ◽  
Personal Injury ◽  
Forensic Economics ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract This article is designed to update the original article that appeared in the Journal of Forensic Economics, 17:3 (2004). The article discusses a change in procedure for expert discovery and deposition and five substantive changes and clarifications affecting the legal guidance for valuation of damages in personal injury and wrongful death cases in California.

17. Death and Damages

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Wrongful Death ◽  
The Way

This chapter first considers the effect of the death of one of the parties on an existing cause of action in tort. It then considers the circumstances in which the wrongful death of another person gives rise to a new cause of action in those who have suffered loss as a result of the death, and the way in which damages are assessed in such cases.

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