Does the senior care facility's negligence constitute depraved indifference?

Full question:

Question: In a senior citizens care facility in Washington D.C, the staff and nurse fail to recognize a patient lapsing into an unconscious state due to a severe case of dehydration. In this state of unconsciousness for 3 days the family members then insist the patient be taken to emergency room at local hospital where the hospital confirmed patient sustained acute renal damage due to dehydration. The patient dies the following day to to acute renal failure, Does this not constitute 'depraved indifference' by the senior care facility for not moving the patient to the hospital for immediate emergency care once the patient first became unconscious. This case occurred in Washington D.C. Would attorney general in D.C. act on this if notified?

• Category: Civil Actions
• Subcategory: Medical Malpractice
• Date: 04/07/2025
• State: New York

Answer:

The determination of whether there was 'depraved indifference' will depend on the specific circumstances of the case. To establish depraved indifference, the conduct must be extremely reckless, showing a lack of concern for the life of others. It focuses on the risk created by the actions or inactions of the facility, rather than the resulting injuries.

It may be necessary to consult a local attorney to review the details of the situation. If the staff's failure to recognize the patient's condition led to worsened health and suffering, this could be a basis for a medical malpractice claim. Medical malpractice occurs when a healthcare professional fails to adhere to accepted standards of care, resulting in harm to the patient. Expert testimony is often required to establish whether the standard of care was met.

In medical malpractice cases, the standard of care is typically defined by what similarly qualified practitioners would do under the same circumstances. While standards were once based on local practices, they are now often viewed in a broader context, sometimes at a national level.

Common issues in malpractice cases include failure to diagnose or treat a condition adequately. A plaintiff must demonstrate that the lack of timely treatment led to worsened conditions. If a patient's death results from malpractice, there may be grounds for both a personal injury claim for suffering prior to death and a wrongful death claim for financial losses to the deceased's family.

Defendants in these cases may argue that the injury was not caused by their actions or was due to pre-existing conditions. Laws regarding contributory and comparative negligence vary by state.

Ultimately, whether the standard of care was met will need to be assessed by a medical expert after reviewing the medical records. Medical malpractice cases can be complex, so seeking a local attorney who specializes in this area is advisable. Many attorneys offer free consultations and may work on a contingency fee basis.