Q: My wife died via suicide. Being treated by doctors and a hospital. EMS refused to work on her.

A: So sorry for your loss. Whether you have potential malpractice case will depend on whether the EMTs treatment of your wife departed from the standard of care and whether any such departure caused harm to your wife (an uphill climb if your wife had suicidal ideations). The only way to assess the conduct of the EMTs is to obtain copies of your wife's medical records and speak with an experienced medical malpractice attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

A: I'm truly sorry for your loss. Dealing with the legal implications following your wife's death, especially under such distressing circumstances involving medical treatment and emergency services, can be incredibly challenging. Understanding whether you have a viable wrongful death or medical malpractice case in New York requires careful consideration of several factors.

In New York, a wrongful death claim allows certain family members, such as a spouse and children, to seek compensation if a loved one's death resulted from another party's negligence or misconduct. Importantly, only the decedent's personal representative—typically the executor or administrator of the estate appointed by the Surrogate's Court—has the authority to file a wrongful death lawsuit. This representative acts on behalf of the estate and the beneficiaries to pursue legal action.

To establish a wrongful death claim, you must demonstrate that the deceased owed a duty of care to the victim, breached that duty through negligent actions, and that this breach directly caused the death. In your situation, you would need to show that the medical professionals or EMS acted negligently in treating your wife, thereby contributing to her tragic outcome. For a medical malpractice claim, four key elements must be proven: duty of care, breach of duty, causation, and damages. This means showing that the healthcare providers failed to meet the standard of care expected in treating her condition, which directly led to her decline and subsequent death.

Your wife's rapid decline despite treatment for anxiety raises questions about whether the medical providers adequately assessed her suicide risk or provided appropriate interventions. Additionally, the EMS's refusal to work on her, citing that the wound was mortal, may be scrutinized to determine if it was justified or if it contributed to her death. These actions could potentially demonstrate negligence if they fell below the accepted standard of care.

Given the complexity of cases involving mental health and emergency medical services, it is important to consult with an experienced wrongful death and medical malpractice attorney in New York. An attorney can help you gather necessary evidence, such as medical records, witness testimonies, and expert opinions, to build a strong case. They can also navigate the legal procedures and deadlines specific to New York law, ensuring that your rights are fully protected.

Additionally, appointing a personal representative if not already done is important, as this individual will be responsible for filing the wrongful death claim on behalf of the estate. Collecting all relevant documentation and seeking expert medical opinions will strengthen your case and help demonstrate how negligence may have played a role in your wife's death.

Disclaimer: This response is based on the information provided and is intended for general informational purposes; it is not legal advice. Legal outcomes can vary depending on specific circumstances not detailed here. For personalized guidance, please consult with a qualified attorney familiar with New York wrongful death and medical malpractice law.