Can I file a wrongful death lawsuit against my aunt?
Question Details: My aunt lived right next door to my dad and he was in bad health for about the last 8 years. He began coughing up blood one night and called her over to help him. He lost a LOT of blood, it looked like a crime scene. She said she checke on him 4 times before calling emergency help. By then, it was too late and he had lost too much blood and went unconscious before the ambulance arrived. If she had called for help earlier, my dad might still be alive. Isn't that neglect?
Wrongful Death - Accidental Death Law Answers
Whether or not it was morally neglect, there is generally speaking, no legal obligation to help others. Therefore, there's no legal liability for failing to do so. (The exceptions are where one person does have responsibility for another, such as a parent's duty to their minor child, or a nurse's or doctor's duty to someone in their care, or a prison guard or policeman's duty to someone in their custody).
In this case though, you aunt probably had no legal duty to or responsiblity for your father, and so would not be legally liable.
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