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  1. #1

    Default Victimized by victim "assistance"

    My brother passed away over a year ago due to the reckless negligence of a doctor. The doctor prescribed a pain medication that was contraindicated for the purpose in which it was used.

    In corresponding with the state Crime Victims department regarding a claim, they have added additional stress to an already unmanageable situation. Most recently they sent a letter with numerous reasons why they could not grant benefits to me. Most surprising was their hostile attitude and hatefulness. They wrote that my brother's death was the "result of his ingesting too much pain medication following a surgery." This verbage alluded that his death was a self inflicted drug overdose. In reality, the medication was a transdermal patch prescribed by a doctor, and his death occurred within 12 hours of the nurse applying the patch. The medication should never have been prescribed AND the doctor prescribed three times the amount that should be used as a starting dose (when it's appropriate).

    Additionally, they referred to a situation in 1999 when he was accused of assaulting his wife. "Although he was ultimately convicted of misdemeanor assault, the evidence obtained from law enforcement shows that he did in fact engage in felonious conduct." Is it their place to pass judgement on a case that they know nothing about? I have seen the medical reports from the incident and she was only bruised. I bruise myself just walking around the house. I also obtained her psychological profile which indicated that she wants to inflict pain on herself and others and that she tends to have dramatic episodes for which she is sorry for later. She herself cut her own wrists one day during one of her episodes.

    I can not even begin to list the obstacles that my parents and I have endured during this twisted situation. I ceased to exist as a normal human being the minute I walked into my brother's room and found him dead. Since then, I have been consumed with fighting battles with various organizations and searching for ways to find out what his true last intentions were. NO ONE has been motivated to help us in any way. Now I feel victimized by "victims assistance." Can an Assistant Attorney General respond to a victim in such a hostile and malevolent manner? Is that how they serve those in need? I can prove that their allegations only represent their opinions and not actual facts.

    My brother was a member of MENSA and a highly decorated soldier. His weakness was that he loved to a fault and always strived to see the good in people - even after they spitefully had him incarcerated.

    I ran out of cheeks to turn a long time ago. Is there any way to hold the Attorney General and Assistant accountable for their malicious accusations?

  2. #2
    Join Date
    Jul 2006
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    5,437

    Default Re: Victimized by victim "assistance"

    Did anyone here suffer any damages? If so, what is the dollar amount of the direct and actual damages that someone suffered?

  3. #3
    Join Date
    Sep 2005
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    Default Re: Victimized by victim "assistance"

    The inquiry is about victim's rights funds, which may offer a death benefit to cover such things as funeral expenses. The OP didn't identify the state so there's no way to check.

    It seems that there was a determination that no crime was committed, and thus that no benefits were payable.

  4. #4

    Default Re: Victimized by victim "assistance"

    Actually, my inquiry has to do with the attack on my brother's character - not the denial of benefits. Is there any way to hold the Attorney General and Assistant accountable for their malicious accusations? (slander/libel)

    Is there a way to have the doctor charged with the crime of reckless homicide? "No person shall recklessly cause the death of another...Whoever violates this section is guilty of reckless homicide, a felony of the third degree." (I know I should direct this part to another thread; I am commenting on the determination of a crime being committed.)

  5. #5
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Victimized by victim "assistance"

    Most victim of crime programs preclude those with criminal convictions and only when you are directly affected by the crime, thus the Assistant AG has done no wrong by making reference to your brother's criminal record for assault nor is there any indication that there was a crime if no one was charged. It is possible to have some sort of a civil case with a different standard of proof but not qualify for VIC benefits. I am concerned that you allude to obtaining your sister in laws mental health records which is potentially a criminal act. What did the coroner say about your brother's death?

  6. #6
    Join Date
    Sep 2005
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    Default Re: Victimized by victim "assistance"

    Defamation is normally a personal cause of action - not a claim you can bring on somebody else's behalf.

    What statement is it you find so objectionable? You suggest that the criminal history existed. What does the death certificate state for the cause of death?

    Nobody here can really state anything useful as you have chosen not to answer questions, and have chosen not to share information (such as the specific identity of the drug and why you believe it was contraindicated) which is essential to any determination. If you won't share the necessary information, all I can do is say "consult a malpractice lawyer in your state".

  7. #7

    Default Re: Victimized by victim "assistance"

    I obtained the psychiatric records legally. They were public record since they were part of the assault case. I asked the country clerk TWICE if she was sure that they could be sent. She said that they were public records and did not see a reason why copies couldn't be sent to us.

    I did not have any questions regarding the malpractice issue. I have done my homework and talked to the toxicologist who performed the autopsy. THAT is how I know it was contraindicated. I can not give more information at this point. It is a delicate matter.

    I was majorly upset by the way the AG and AG assistant referred to my brother since they were wrong on both accounts. I wanted a quick answer to what I thought was a quick matter. Instead all I have done is defend my brother and myself.

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