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Is it illegal not to call police when someone dies in your home?


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#1 Sfitzy1

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Posted 30 July 2012 - 05:56 PM

My brother was a type 1 diabetic and was at this spiritual healers house and passed away and they did not call the police. We do not have access to the autopsy report yet becasue they are still waiting on the tox report, but a family friend was able to get a hold of someone he knows in the medical examiners office and was able to tell us that he most likely went into a diabetic coma and could have been saved if 911 had been called. They did not contact the police until 9 hours after someone had said that he passed away at 12:15 that afternoon. What recourse do we have because the detective said there was no probable cause to get a search warrant and could not make these unknown people give them any identification to find out who they are. And this useless Prescott detective said that he does not plan on doing any investigating on the case until they get the tox report back. Is there any advice that someone can offer to help get these people. Thanks.

#2 pg1067

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Posted 31 July 2012 - 06:24 AM

It is unclear why you would expect anyone to have called the police as opposed to, e.g., an ambulance or paramedic. Nothing in your post suggests any reason to believe a crime may have been committed.


What recourse do we have. . . .


Depends on who "we" are and on the laws of your unidentified state. If there is evidence suggesting that an earlier call for medical attention might have saved your brother's life, then the persons with standing to file a wrongful death case (typically the "next of kin" and/or executor of the estate) may have a viable civil claim against the "spiritual healer."

#3 Tax_Counsel

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Posted 08 August 2012 - 06:56 AM

What recourse do we have because the detective said there was no probable cause to get a search warrant and could not make these unknown people give them any identification to find out who they are. And this useless Prescott detective said that he does not plan on doing any investigating on the case until they get the tox report back. Is there any advice that someone can offer to help get these people. Thanks.


I'm sorry for your loss. However, nothing you wrote indicates that a crime was committed. By your reference to Prescott, I'll assume this is taking place in Arizona. Simply failing to call 911 when someone is in medical distress is not a crime. The police need to have probable cause to believe that a crime was committed in order to obtain a search warrant, and the police cannot force the "spiritual healers" to talk. Thus, there appears little that the police can do for you — the problem would appear that he can't act, not that he won't act. So, the reason he's "useless" is that the law doesn't give him anything he can do when there is no evidence of a crime.

As for recourse, your brother's estate might have a negligence claim it could pursue against the "spiritual healer," though the details of what occurred matter as to how good of a negligence case it might have. The executor of the estate may wish to consult a civil litigation attorney about that.

#4 Guest_FindLaw_Amir_*

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Posted 09 August 2012 - 09:16 AM

I agree with the previous poster, the executor of the estate may want to consult with a local Personal Injury Plaintiff Lawyer for further clarification on this matter.




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