February 11, 2009 3:40 PM

Man Mistakenly Declared Dead; Family Sues

(AP)  The family of a man who was hit by a car and mistakenly declared dead has sued over the mistake, claiming it led to injuries from which he might not recover.

Larry Green was walking across a highway in 2005 when he was hit by a car. He was put into a body bag and sent to the morgue, and the medical examiner did not notice Green was still alive until roughly 2½ hours after the accident.

Green, who now lives in a nursing home, was hospitalized for two months with a severe head injury, broken leg and other injuries. He began some limited speaking five months after the accident.

In the lawsuit filed this month, the familiy claims medical officials inadequately checked his vital signs after the accident. It also alleges the medical examiner disregarded signs that Green was alive.

The examiner, J.B. Perdue, said it was not his job to determine whether Green was dead or alive.

"The medical examiner is called after death," Perdue said. "Someone else pronounced his death, and the medical examiner is called to investigate the cause and manner of that death. He does not pronounce people dead."

William Hill, an attorney representing Franklin County, did not return calls seeking comment.

© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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by keiler1 December 31, 2007 11:06 AM EST
If he is an elder and can''t walk that fast and then someone says hes dead when he isn''t, don''t you think that would cause trama to the family. I think the family has all rights to sue because some doctors are getting away with stuff everyday. This should give them a wake up call to pay more attention even when they are busy.
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by gea_amicus December 30, 2007 11:09 AM EST
"but if he was drunk or whatever then he has no right to sue others for his stupidity.."

I do agree with the above statement. No matter if he was drunk when the accident took place, if the injuries are a result of negligent care after the accident, his family has every right to ask the court for relief.
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by Krazcarl December 30, 2007 9:08 AM EST
Don''t you love americia where your siblings can make an extra buck when you die...
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by andor3 December 30, 2007 2:27 AM EST
"Everyone is always loking to get paid for nothing"

must be talking about the person who was supposed to decide if this guy was alive or not. Didn''t do the job, almost killed a guy, but hey why should anyone get upset. Just collecting a pycheck like everyone else. Heck, probably happens every day.
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by dsr57 December 30, 2007 2:03 AM EST
Everyone is always loking to get paid for nothing
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by rohink-2009 December 29, 2007 11:51 PM EST
If he was declared dead there must have been severe injuries. Who is to say that his disabilities are not the result of the accident.
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by zootallures2 December 29, 2007 11:32 PM EST
It is rather difficult to tell if anyone is brain dead these days.
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by andor3 December 29, 2007 11:30 PM EST
"but one has to ask questions as to why was he crossing the road when a car was coming?"

No one does not. It not relevant. The answer would not help to explain the mistake or excuse the wrong that was done. The lawsuit would be just the same no matter what the answer might be.
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by gaye5 December 29, 2007 10:10 PM EST
MichelleM99 great to hear from you, Happy new year and I hope it is a better one for you this year.. Thanks for your comments also..
There is no need for people to put nasty comments on here. Whether it be right or wrong everyone is just voicing their opinion, and if misunderstood it is always wise to ask what the other person means before making a fool of themselves, this way we can all learn from each other, I love to hear the opinions of others.. Nasty words get us no where.

And Michelle from what I see you write, you can also be very proud of yourself, not only for your compassion for others but for your common sense in so many things..
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by gaye5 December 29, 2007 10:01 PM EST
krenz4 you wrote, you write like you have some kind of damage!
Didn''t you read what I have written, I wont lower myself to making a nasty comment back to you like, can''t you read...
I said that...IF this family is genuine, then it will cost them money to keep him going, money that they might not have had to spend if he hadn''t been hit and he might not have had this brain damage if he had of been attended to properly straight off, but questions have to be asked first...and my heart goes out to the man who hit him..
Of course he would need money to keep him going, and as far as that is concerned I would sue also to help me, but if he was drunk or whatever then he has no right to sue others for his stupidity..
JP48481, it is no good being alive if you are badly mentally effected..and yes you are right, here in Australia crims have sued for being hurt while doing their dirty deed, and what is more incredible is that the Judges allow it and give them the money they have asked for instead of putting them away.
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