I was in a traffic accident and went to jail, while being booked in I told them that they will need to do a welfare check, or call a social worker to check on her the police failed to care to do so and in result she died , should the hot springs co. Arkansas Sheriff deportment be held responsible for her death
You should consult an attorney.
I am very sorry for your loss.
Compensation in the case of a person so severely ill may be so limited as to mean no attorney will take the case, but this is something you should consult several about.
I think u have a good case. They were made aware and all they had to do was send a police officer or call APS. Its negligence on their part. A lawyer may take it on a contingency bases. I hope you can find one to take ur case. And I hope u receive big bucks.
Consult with an attorney. Hoping that you will be successful.
Arent you allowed one phone call?
Something is off here, to me anyway.
I would image this death to be reportable to the Coroner for investigation.
Cause of dealth may be end stage kidney failure, however, being left home alone, without care may need investigation as to what impact that had.
Best practice for bedridden ill people is to have a system in place for them to raise an alarm & get help if they needed it - for just this reason. Their caregiver went out, met an accident & didn't return. If they cannot use a phone or push an alert button, I would suggest having Hospice, or other care staff involved & making regular visits.
If not, the care recipient can be keft home alone as this shows, in grave/mortal danger.
OP finds themselves in a situation where they get into an accident, have a suspended license, have an outstanding warrant, or fail a DUI test. There are many reasons one might be arrested at a traffic accident. The specific charges don't matter, imo.
You may not be allowed a phone call for some time, as you go through processing first. Even if allowed several calls, I don't get how OP was supposed to reach out to the social worker by themselves because I'm sure they don't have that number memorized.
Ezra, I think the question is whether or not you can give evidence that you told staff/sheriff's department that they must perform a welfare check or your mom could be harmed. I don't doubt that you told someone to do a welfare check and/or call the social worker, but can you prove that you made this request?
Was a report taken on your request? There might be internal paperwork from the jail. And there are cameras everywhere in jails. Call an attorney. The kind of legal representation you're seeking would be a contingency fee agreement, I would think. So if they think there is any legal merit to your case and the sheriff's department can be held liable, they are likely to take the case.
If you talk to a few attorneys and no one thinks you have a case, then maybe you can seek some closure for yourself by putting this info online in an appropriate place. (Idk where exactly that would be. But, for example, when I witnessed wrongdoing in my caregiving situation, I posted about it in a local probate court watchdog forum; I also put some negative, strongly worded Yelp/Google reviews for any business involved.)
Since this is a police department, consider reaching out to criminal justice watchdog groups. They may take your information and add it to any documented complaints about this police organization.
I'm so very sorry you're in this situation and that your mom died due to lack of care because you were arrested/in jail. I think I know a little bit about how that would make a caregiver feel inside. I hope you can find some comfort, and feel your mom is at peace.
That doesn't stop you from fighting for what you think is right in this situation, but for your own sake, and in time, I hope you can find acceptance and gain peace and closure. May your mother rest easy.