Mentally Disabled Son Can Recover Damages for Wrongful Death of His Father, Even Though He Believes His Father Is Still Alive

Knowles v. Superior Court of San Diego County, 13 Cal. Rptr. 3d 700 (Ct. App. 2004)

A California man died four days after a surgical procedure.  The man's family asserted that the death was the result of professional medical negligence during the surgery and filed a wrongful death action. One of the man's sons is mentally disabled due to a head injury and as a result believes his father is still alive.  Nevertheless, through his guardian ad litem, this son joined in the lawsuit.  In response, the defendant argued that because this son believed his father was alive, he had suffered no damages from his father's death and thus was not entitled to pursue this claim...

Found in DMHL Volume 24 Issue 1