Malpractice suit after death?
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Malpractice suit after death?
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Can my father file a malpractice suit for his wife after she died?
A couple years ago she had to have a feeding tube inserted during her radiation treatment for cancer. After the treatment the doctor removed the feeding tube, but left parts still in her, she complained about abdominal pain for months, with just the standard, "it will hurt for awhile";
After the pain never ending she saw another surgeon and he took x-rays and noticed that there were still parts left in her. He then removed them, but took plenty of pictures to prove they were left in her.
Well she died last week but I'm curious if he can still sue for pain and suffering for his dead wife.
Is this even possible?
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JAN
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Ther are so many malpractice lawyers.
Ask them and if they are sure to win they will take it for free. |
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RM
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Well, it depends on what state you are in.
If you are in California, a medical malpractice action for injury or death must be brought within 1 year from the date the claimant discovered the negligent act, but no more than 3 years from the date of injury.
Even if you have a clear case for malpractice if the statute of limitations already set in, you will still be barred from filing the same. |
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