Q: Wrongful death
This question is about a wrongful deaths caused by a home health aide with a private agency. The agency has not reported the accident to New York State regulatory boards. We already know they do not intend to report it. If it is reported by the family or anyone else does it help or hinder a wrongful death suit? An answer to this question would be greatly appreciated. Thank you.
A: So sorry for your loss. If the death is reported by the family or someone else, it could potentially affect a wrongful death lawsuit depending on what they say. Assuming the report is not confidential, what they say to the NYS Department of Health would arguably be relevant and therefore discoverable in a wrongful death lawsuit. Here's a link to the agency responsible for investigating complaints and incidents for home care agencies, https://profiles.health.ny.gov/home_care/pages/complaints
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