Klest Injury Law Firm
Fighting For The Injured For More Than 30 Years A Chicago Law Firm
Injured? No office visit necessary. Call Now!
Free Case Consultations

Judge: Veteran's suicide is not wrongful death

In a recent ruling by a U.S. district judge, a claim for wrongful death against the Veterans Affairs hospital that misdiagnosed cancer has been rejected. The daughter of a man who committed suicide filed the wrongful death claim, as well as claims for her father's pain and suffering.

The man was seen at the VA hospital and was diagnosed with prostate cancer. His doctors told him that he needed a radical prostatectomy, which left him incontinent and with sexual dysfunction. The man needed diapers in order to go anywhere, and his relationship with his girlfriend suffered.

It took two months before the doctors realized there had been a mistake made. The man did not have cancer; instead, his biopsy sample was mixed up with another patient's.

The government did not dispute that the mix-up did not meet the medical standard of care. However, they disputed the wrongful death claim because the man committed suicide. The judge said that while the doctor reported that the man was "hopeless and saw no future for himself ... this is significantly different than being 'insane and bereft of reason' in terms of whether the act of suicide is 'voluntary,' thereby 'breaking the causal connection between the injury and the suicide.'"

The man was not under the care of the mental health department at the hospital, so there was no claim for psychiatric malpractice either, according to the judge.

The man's daughter, though, will pursue compensation for her father's pain and suffering. While seeking such compensation won't hold the hospital responsible for the man's wrongful death, it may provide some sense of closure.

The Department of Veterans Affairs has been in the media a lot lately due to accusations of understaffing and excessive wait times for appointments as well as other problems involving the covering up of errors. An experienced personal injury attorney can provide medical malpractice victims and their families with more information about how the process works to seek compensation from a government entity.

Source: Courthouse News Service, "Court Win for VA Despite Terrible Misdiagnosis" Lorraine Bailey, Sep. 25, 2014

No Comments

Leave a comment
Comment Information

No Nonsense Approach - A Client Testimonial

"Attorney Klest is a very knowledgeable attorney with a no nonsense approach derived from his growing up in the City Of Chicago and working his way thru college, law school and starting his own practice.

I am VERY pleased with how he handled my case and also praise his support staff as well.”

View More Testimonials

Let’s Get Started Today

Call 312-380-5467 or fill out our short E-mail form for a FREE case consultation where we'll review your case details and determine the best course of action to take.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Free Consultation

Free Guide

Free Accident Guide Book

Illinois Injury Law: A Reference Guide for Accident Victims is a free book designed to help accident victims and Booktheir families navigate the legal process.

More on our FREE guide

Record Verdict

Klest Wins $28 Million Abuse Verdict

The Klest Law Firm announced a milestone victory for sexual abuse victims when they received a $28,000,000 verdict in the matter of Snyder v. Kenny.

More on this record case

Schaumburg Office
1834 Walden Office Square
Suite 500
Schaumburg, IL 60173

Toll Free: 866-264-7639
Phone: 847-380-3309
Fax: 847-969-9514
Schaumburg Law Office Map

Chicago Office
11 W. Illinois St.
4th Floor
Chicago, IL 60654

Phone: 312-380-5467
Chicago Law Office Map

Klest Injury Law Firm

Contact us for a FREE consultation:

Toll Free: 866-264-7639