Negligence by husband for not calling 911 when wife is acting abnormal?

T

Ting

Guest
Jurisdiction
Pennsylvania
Hello,

My mother has recently passed away, with the stated cause of death as Cardiovascular Disease from an external examination. According to my stepfather's recount, he, the sole witness, heard a loud sound from the bathroom where she was showering. She walked out naked and laid on her mattress horizontally. He asked if she needs an ambulance, she didn't respond. He said she requested for water and massage as she was not feeling well. While he was massaging her, he felt her limbs were stiff. After about half of an hour, my mother muttered "God Bless" repeated until she passed out and he returned to his room to sleep.

On the day upon my return to Philadelphia, he immediately wants to discuss about how to divide my mother's assets and subsequently requested me to moved out and sell the house. Upon my subsequent return, he said he found my mother's IDs and traveling documents but refused to share them with me. He has also told me not to give him too much trouble, and told me repeatedly to proceed with the burial. Without thinking better and felt pressured, I did what he told me and proceeded with the cremation. He has since give me a deadline to move all of my mother's and my stuff out of the house and suggested to use mom's asset to purchase a unit in New York City because it's a sad place for him to stay.

For years my mother has been considering a divorce with him, a fact many of my mother's close friends know. They have been financially independent for years, especially since he assaulted my mother and took all the money in their joint bank account. They are essentially married by title as they live in different room for years and visits very different locations when returned to China. He had to pay rent while staying in the home owned solely by my mother while my mother had to pay gas money for asking him to get medicine for her when she was sick.

This is subjective or a far stretch but I believe there is a potential monetary incentive on why didn't he call the 911. He doesn't work and hasn't worked for years. My mother has much more asset than him, where most if not all of the asset were earned prior to their marriage. Despite they have been very independent financially… there was no contract regarding the financial separation prior to their marriage 16 years ago. Even though he may not have induced the event, I believe he has a incentive to not act.

My question is if the husband saw the wife acting unusual but didn't call 911, she passes away naturally, could that be negligence, intention, and/or involuntary manslaughter? She failed to respond his question regarding the ambulance and showed clear signs of abnormality. While he could argued he does not know any better and she has demanded water and massage, is it unreasonable to consider a person's mindset could likely be non-receptive under a state of distress. I don't want to make it sound like a malicious prosecution, but the fact that he went back to his room and sleep took away the only chance my mother could have been attended medically, even if calling the ambulance may not change the outcome.
 
If no one else was around then there is no proof. I can guarantee that if someone tried to press charges against him, his story would change dramatically. There is no way to know for sure that she would have lived even if he had called 911 right away. I'm sorry for the loss of your mother. Cherish your good memories.
 
While not calling 911 might raise moral questions, it is not a legal one. There is no duty to do so regardless of the circumstances.
 
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