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Family Member’s Death in Prison

Family Secures Justice for Psychiatric Harm: Suing For Family Member’s Death in Prison

Suing For Family Member’s Death in Prison: O’Brien Criminal & Civil Solicitors successfully represented four grieving family members after the tragic death of a man, Oscar*, in custody. The case revealed shocking neglect by prison and medical staff and resulted in a civil compensation outcome for Oscar’s mother and siblings, including Danny.*

Read our other successful Civil Law Case Studies. 

Case Summary: Suing For Family Member’s Death in Prison

Oscar died in his prison cell from septic shock due to an untreated health condition. Despite clear signs of mental and physical deterioration, he was neglected by both medical and corrective services staff. His mother and three siblings developed serious psychiatric conditions after learning of his death and the harrowing circumstances surrounding it.

With the help of our civil solicitors at O’Brien Criminal & Civil Solicitors, they pursued and settled a civil claim against the State of New South Wales for negligence.

Suing For Family Member's Death in Prison

Detailed Overview

Oscar was placed under a Risk Intervention Team Management Plan requiring constant monitoring. Despite this, his condition drastically worsened while in custody. CCTV cameras in his cell were physically covered, leading up to the discovery of his death, and staff failed to intervene or conduct the required checks.

Medical staff were aware of Oscar’s serious mental health issues and repeated complaints of pain and illness. Notably, a nurse incorrectly recorded his medical history after Oscar intake screening.

In the days leading to his death, Oscar was visibly sick and repeatedly requested medical help and water. These requests were either ignored or denied. In the end, Oscar died alone on the floor of his cell.

His mother and siblings learned of the death through police visits and calls, and later discovered the full extent of the mistreatment during the coronial inquest. They developed recognised psychiatric injuries from the shock and trauma of these revelations.

Case Outcome For Suing For Family Member’s Death in Prison

O’Brien Criminal & Civil Solicitors filed a negligence claim against the State of NSW on behalf of Oscar’s mother and three siblings. The claim alleged that Oscar’s death was preventable and that the treatment he received was inhumane. The State was held responsible for psychiatric injuries sustained by the family due to the shocking circumstances of his death. The case has now settled in the clients’ favour.

Lawyer for Suing For Family Member’s Death in Prison

If you or someone you love has suffered due to negligence by correctional or health services, you may be entitled to compensation.

📞 Call (02) 9261 4281

📧 Email 

💬 Or enquire online for a confidential consultation.

*We always change names and other details in our case studies to protect client confidentiality. 

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