3 Trial Lawyer • Winter 2023 tion. He was on life support. This man, with the most infectious giggle, someone who had always been present in my life, a navy veteran and a genuinely kind and sweet man, was not waking up. A little over a month later, the impossible decision was made to take him off life support. He left us later that day. A client's transition I credit the instincts of others in the room for questioning the quality of our friend’s care. I’m not sure everyone in the same position would have the emotional capacity or foresight to consider whether avoidable mistakes — choices, really — transpired that caused this death. I try to remember that perspective when I meet potential clients—their dizzying grief, the incredulity that someone you love can go into a hospital and never leave, and the self-doubt that comes from not knowing medicine and not knowing if or how someone did something wrong. I try to listen and allow for whatever time it takes for families to work through their grief and into the details of the potential case. I always have a box of tissues nearby. No comparison All cases that result in a wrongful death are difficult. When they resolve for a high dollar figure, we lawyers consider it a success. However, it is never a success for the families. It is a mere pittance for the unquantifiable and, frankly, priceless value of a beautiful life taken too soon. We have to remember that given a choice between having their family member back and a large monetary figure, most families would choose the former. When we discuss their potential case with them, it behooves us to remember that and acknowledge it. In elder abuse death cases, it is the same, in my experience. No matter the age, if someone is taken from us, it is always too soon. Defense attorneys try to capitalize on end-of-life valuations which a family may acknowledge but never agree with. When someone you love is taken from you, is killed, rather than leaving us by natural causes, the injustice of it sits with you. It is so offensive and disagreeable that you cannot just swallow it and move on. Our friend was killed by malpractice and I don’t think anyone who knew him will ever feel justice from our subsequent legal action. There is, however, a sense of closure for standing up, seeking answers and demanding accountability. Our civil actions can do that for our clients. Blair Townsend specializes in personal injury, wrongful death and medical malpractice litigation as well as strategic business planning and litigation. She contributes to the OTLA Guardians at the Guardians Club level. She is a partner at Wise & Townsend PC, 385 1st St., Ste. 221, Lake Oswego, OR 97034. She can be reached at btownsend@wiseattorneys.com or 503224-8422.
RkJQdWJsaXNoZXIy MTY1NDIzOQ==