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RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 13500
Experience:  Experienced in multiple areas of the law.
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My sister died four months ago. She died due to an infection

Customer Question

Hi! My sister died four months ago. She died due to an infection 4 days after having a baby. It is a horrible family tragedy. Her husband was at home and didn't call 911. She woke up a 6am and he documented that she was dizzy, lightheaded, couldn't breathe etc. My therapist suspects that he could have Aspergers or some other undiagnosed mental disability. He's highly functioning but often can't figure things out and gets overwhelmed easily. My sister finally had to call my parents to come help and as soon as they saw her they knew she was critically ill and called the paramedics right away. By the time they came to the house at 10AM it was too late. She died of a serious strep infection several hours later. My question is can you sue someone for negligence for being in the same house as someone who is obviously critically ill but does not call 911? It is documented in the autopsy report that by the time the paramedics got there she had no blood pressure
Submitted: 8 months ago.
Category: Personal Injury Law
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 8 months ago.

Thank you for your patience. I'm very sorry for your loss, first of all.

In New Jersey, one spouse can sue the other for tortious actions (like negligence) in the same way they can sue a stranger for the same wrongful conduct. These types of torts that have happened during the marriage are called marital torts. Normally, a party doesn't owe a duty to call 911, but because of the spousal relationship, it certainly can be argued that he owed her a duty.

That said, it may be a tough claim. First, it would have to be proven that even if he had called 911 that injury would not have occurred, that "but for" his failure to act, she passed away.

Beyond that, however, if he truly does have some sort of mental incapacity, I am sure that it would be argued that he wasn't negligent, but rather his condition caused him not to call and that he shouldn't be held liable.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Expert:  RobertJDFL replied 8 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page.

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