Crash victim's family sues over mix-up

[crabcake]

Grant County officials on Monday received the tort claim, a legal step required under state law before a government agency can be sued. The claim argues Mowery was "not properly trained and educated" as a coroner and that he "failed to exercise reasonable care" to avoid the misidentification.

I do not see a problem with their lawsuit. As for your last paragraph... you missed my point entirely.

That's what the family is alleging are their grounds for suing; it doesn't make it fact. I could file a suit alleging that MM scarred my backside when he was me two years ago; it doesn't make it fact, and it doesn't mean I deserve anything. :shrug:

I'm sure it's a nightmare going through the red tape and bullcrap of all this mess. But in the grand scheme of things, one family has their daughter back; the other thought they did, and really didn't. It sucks for both of them, but I happen to think it sucks a little more for the family who really did lose their child.

 

[MMDad]

It doesn't seem to me that he did anything technically illegal. :shrug:






Source

I read that to mean that what he did -- at that time -- was done in accordance with whatever laws were in place -- at that time. Now, they're being changed, and that's a good thing. But if he wasn't required then to use any other means -- regardless of what a shiatty situation it created, and I agree it did! -- it doesn't seem like any laws were broken. :shrug:

He didn't follow the rules:

In the Cerak case, the Grant County coroner used none of those means,

Just because he "didn't break a law" doesn't mean he was not negligent. What he did was stupid and lazy, and he deserves to pay the price. As a County employee, the county had an obligation to ensure that their employee was competent. They didn't, and this is the result. That's why this lawsuit is legit and they will win. Their insurance will settle out of court, he'll be fired, and he'll never be a coroner again.

That's the real test of your ability as a Doctor: if they don't even let you work on dead people anymore, you know you are a screwup.

 

[crabcake]

He didn't follow the rules:

Those weren't requirements when this happened ... at least, that's what I gather from what I've read thus far. If he had people on scene ID those bodies, and that was acceptable according to Indiana law, then how is he negligent? :shrug:

 

[MMDad]

Those weren't requirements when this happened ... at least, that's what I gather from what I've read thus far. If he had people on scene ID those bodies, and that was acceptable according to Indiana law, then how is he negligent? :shrug:

If your job was to shovel snow, and that was all that was legally required, but all you did was shovel the snow back and forth on the sidewalk, you would be in legal compliance. If someone slipped and was injured because you didn't remove the snow, the fact that you didn't remove the snow would still be negligent because you didn't take reasonable measures to remove the danger.

Same thing here. The fact that the law was weak does not excuse the fact that he did not take prudent measures. That is negligence, and that is why this is a civil case instead of criminal. If he had broken the law, you can be sure the family would be pressing charges. Instead, they are persuing a civil case, which is the appropriate course.

 

[Chasey_Lane]

And another thing... that girl is most likely living a beauracratic(sp?) hell on earth right now. Can you imagine the red tape both families are having to endure just in medical coverage issues alone. You think you have fun dealing with standard day to day billing issues, imagine the nightmare they are going through having to straighten out the mess of weeks of expenses being billed to the wrong girl... and then there is the burial expenses and well as having to re-establish that she is really alive and kicking... this means dealing with social security office, her place of work, schools and I'm sure a list I can't even think of right now.

I'm having to deal with all that now just by a change of last name.

 

[MMDad]

If I thought my daughter was dead, and found out that she wasn't...

I would feel like I had won Powerball.

The medical bills need to be paid for, but any pain and anguish crap on the part of the surviving girl's family is ridiculous. They need to rejoice and get on with their lives...instead..."Oh poor, pitiful me." That's gross.

I can see why the other family would sue.

Even if you spent weeks grieving her loss? Are you saying that their weeks of pain and anguish don't matter?

Granted, the joy of finding out she was alive had to be wonderful, but should anyone ever have to go through those weeks of grief, merely because somebody was too lazy to do their job?

 

[Pandora]

I agree with MMDad and Kwillia on this. They suffered needless emotional distress, because somebody didn’t take the time to do their job properly. It is clearly negligence IMO. CLEARLY

The red tape they are going to have to go through is going to be tremendous.

 

[crabcake]

I'm having to deal with all that now just by a change of last name.

Dear Chasey Dreamer
You're quite the crea ...

Yea, I can see how you're suffering serious woes here.