A family that claims a lady was frozen to death in a hospital morgue following she was prematurely declared dead can proceed with a health care malpractice lawsuit, an appeals court ruled.
The California 2nd District Court of Appeal overturned a reduced court ruling that the lawsuit towards White Memorial Hospital was filed also late, the Los Angeles Times reported on Wednesday.
Maria de Jesus Arroyo, 80, was declared dead in July 2010 after suffering a heart attack and was placed in a freezer at the Boyle Heights hospital. Morticians who acquired her entire body a few days later on identified that it was encounter down and the female had a broken nose and disfiguring cuts and bruises to her face, according to court papers.
Arroyo’s husband and 8 youngsters filed a lawsuit that claimed her physique was mishandled.
Even so, as the situation was currently being heard in December 2011, a pathologist concluded the woman had been frozen alive, “eventually woke up” and caused the injuries herself in the course of a failed struggle to escape her “frozen tomb,” in accordance to court information.
The loved ones withdrew the lawsuit and in May possibly 2012 filed a health care-malpractice lawsuit. A judge in Los Angeles County Superior Court threw out the lawsuit, ruling that it was filed past the a single-year statute of limitations.
However, the appellate court mentioned the family had “absolutely no reason” to suspect that the female was alive till the pathologist gave his skilled viewpoint. The case now returns to the decrease court for additional proceedings.
The hospital has not addressed the allegation that Arroyo was prematurely declared dead, the Times mentioned, citing court information.
A get in touch with seeking comment from a hospital representative on Wednesday was not immediately returned.
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