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Kansas

Wrongful Death Law Network

 

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If someone you love has been the victim of wrongful death in Kansas, you may want to have the facts reviewed by a lawyer. Wrongful death occurs when a person is killed as a result of the negligence or wanton act of another. Kansas's wrongful death statute is different from every other state's wrongful death action. Although all cases depend on the specific facts, here are some of the past wrongful death decisions in Kansas:

 

Date Facts Decision (may be subject to appeal)
6/16/2000

Diversity of Citizenship - Automobile Truck Accident - Wrongful Death - This case arose out of a motor vehicle accident in which Charles W. Turman sustained fatal injuries when the vehicle that he was driving was struck by a truck which did not stop at a stop sign.

Settled for $839,700.00
7/9/1999

Medical Malpractice - Wrongful Death - Anesthesia - Administrator of estate of his wife and mother of his surviving minor child filed medical malpractice suit against the obstetrician and certified registered nurse who delivered deceased's baby. The deceased died as a result of a reaction to anesthesia during a routine cesarean section on September 11, 1994 at Hays Medical Center. For the delivery, the deceased's regular doctor was unavailable, so defendant assisted, as the patient's labor did not progress in a normal manner. The defendant ordered the anesthesia services of a certified nurse anesthetist Greg Mahoney. The nurse went over the patient's options with her before performing the procedure, as required. The patient chose to have a spinal instead of general anesthetic. The facts of the actual surgery are in dispute, as the plaintiff's version of events are different from the defendant's. The plaintiff stated that Dr. Costello made an incision about 4-6 inches deep and the patient complained that she could feel the pain. The plaintiff further stated that a mask was then placed over her face and he was removed from the operating room. Dr. Costello stated that he only nicked the patient's skin on the first incision and immediately discontinued the surgery, because the spinal revealed spots of blood. He further testified that the nurse then selected a general anesthesia and placed an oxygen mask on the patient, which helps a patient's safety during surgery. The doctor then stated that the nurse gave the patient a muscle relaxant, Sodium Penathol, a sleeping agent and Anectine, which paralyzes the muscles. The nurse with the help of another nurse attempted to intubate the patient to help her breathe. When the doctor made the last cut to remove the infant, that he found red blood in the, which is an indication that the patient is not receiving enough oxygen. The doctor testified that he had no idea that the patient had not been correctly intubated until this time. The tube was then pulled and the patient was masked and the patient was bagged in an effort to keep her breathing until the baby was delivered and also following the procedure. The patient was then given more Ancetine and another intubation attempt was made. All efforts made by hospital personnel to resuscitate the patient were unsuccessful he died of hypoxia

$2,007,385
3/31/1997

 Baby Wiley was riding in a new Gerry Baby Products model 691 "Guard-One Click" child car seat when the car in which she was a passenger was hit broadside. The baby was ejected from the seat and through the rear window of the car killing her. She was survived by her parents. Plaintiff claimed that the seat was defectively designed in that it lacked any lower torso restraint such as a fixed shield or lap or crotch belt assembly, as required by FMVSS 213, to keep her in the car seat.

$350,000
7/9/1999 On Jly 21, 1993, while working at Edgar's Transmission Service, Robert Huffman, age 22, drove a full-sized pick-up truck onto a lift. The truck fell off the lift, pinning Robert to the floor. Robert was taken to Providence Medical Center where he died in the Intensive Care Unit while awaiting surgery. 634,639.51

 

    Past Examples of Wrongful Death Lawsuits:

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