Lawsuit: ‘Doctors Breached the Duty’

Blogger’s Note: This is an ongoing feature here at the forum that provides synopses to all (or nearly all) recently filed Kitsap County personal injury lawsuits.

A new Kitsap County lawsuit alleges that a man convicted of the vehicular homicide of his own son in 2004 was not properly treated at the hospital for a broken leg he sustained in the accident, according to county court documents filed March 27.

As a result, Emilio Viloria now has “permanent injuries, deformity and loss of function,” as well as “pain and loss of use,” claims his Port Hadlock lawyer in the complaint for damages.

Viloria is suing Harrison Medical Center for an amount proven at trial that would “fully compensate,” the plaintiff, as well as for attorney’s fees and other relief “the court deems just and equitable.”

Our achieves at the Kitsap Sun indicate Viloria, of Quilcene, fell asleep while driving north on Highway 3 near the Finn Hill exit in North Kitsap on March 29, 2004 and crashed into a guardrail. Daniel Viloria, 6, riding with Viloria, died at the scene from injuries.

Viloria, whose blood-alcohol level was well above .08 — the legal limit — was arrested and ultimately pleaded guilty to vehicular homicide, according to a story by my colleague Derek Sheppard. He was sentenced to 48 months in a state prison.

The new lawsuit Viloria’s attorneys have filed alleges the staff at Harrison “failed to treat Mr. Vilroia for his broken right leg,” and that doctors there “breached the duty” by not giving him “adequate medical treatment.”

4 thoughts on “Lawsuit: ‘Doctors Breached the Duty’

  1. Another lawyer out to make a buck, nothing more. I wonder if he is part of those commercials you see on TV for lawyers?

  2. Emilio Viloria’s lawsuit of Harrison would be laughable if not for my belief a jury of ‘his peers’ might well support his lawsuit to..”fully compensate,” the plaintiff, as well as for attorney’s fees and other relief “the court deems just and equitable.”

    Sometimes, it seems to me, too many juries tend to like drunks and idiotic lawsuits over organizations and businesses .. it is inconceivable Harrison is guilty of such a thing…even to the convicted drunken murderer of his own son.
    Sharon O’Hara

  3. This man may have killed his son. Most likely unintentionally, He has suffered more within him self than any court could punished him. His imprisonment in his own guilt and loss is more than anyone could imagine. I cannot imagine why anyone in a hospital would not treat anyone with the same respect and care as someone that had not made a mistake. Ethics! Doctors have a Code of Ethics. Personally I have received good care at Harrison, I would never take my child there, or my elderly mother. Past experience with family, especially children. This man should have received the same care as anyone.

  4. Is he still in prison or did he get an early release? In searching public court records it seems that he has had lots and lots of experience in the court system before he made his CHOICE to drink and drive causing this terrible CRASH, KILLING his own son and CAUSING his own injury. I wonder how much money in restitution he was ordered to pay. Maybe the jury will find in his favor and he will be able to pay it. Unless of course we paid for his defense. Maybe not. I hope that Harrison treated him as they would any other person with an injury. I wouldn’t be able to. I’m sorry for the loss of his son who was taken by a COMPLETELY AVOIDABLE VIOLENT CRIME. I’m not sorry for him. It looks like he was sentenced not too long after the crash. What kind of follow up medical treatment did he receive at the prison?

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