Who is entitled to file Malpractice Lawsuit?

by **gervaso81** » Sun Jun 10, 2012 9:31 pm

My mother passed away three weeks ago. The hospital messed up and caused her death. My mothers sister and half brother have filed a malpractice lawsuit. Well I am her daughter and she has two more. Wouldn't we be the one's entitled to the lawsuit? She had no will and no spouse. So I believe the order goes will, spouse, children, parents then siblings.

by **adalwine** » Sun Jun 10, 2012 9:40 pm

And you are right.

The siblings really have no legal claim to file a malpractice suit...at least not monetarily.

If you decide to file a malpractice suit, I would suggest you find an attorney who does not work in the same town/place as where the hospital is. Most attorneys do not like to 'crap where they eat' so you would proabbly get better service from an attorney who doesn't regularly have to request medical records and such from that hospital for other clients.

YOu do need to see an attorney about filing probate and about you or one of your siblings filing to be the presonal representative or executor of the estate.....that is if any of you are yet of age? Is that the reason your aunt and uncle are filing suit, perhaps?

by **hewlett** » Sun Jun 10, 2012 9:47 pm

I don't know that any of you are "entitled" to a malpractice suit. You don't hit the white trash jackpot just because granny kicks the bucket.

by **crosbey** » Sun Jun 10, 2012 9:54 pm

You are entitled to the recoveries you should be a party to the wrongful death suit along with the sisters. You three need to file papers with the court making you a party to the suit.

by **dent81** » Sun Jun 10, 2012 9:56 pm

Anyone can file a lawsuit. You can as well. Their damages are much less than yours.

You need to talk to a lawyer to determine if a malpractice suit is appropriate.

by **eddis** » Sun Jun 10, 2012 10:15 pm

The persons "entitled" to file suit are specified by state law. So, sister and half brother might be permitted to file in Florida, but maybe not Texas.

Regardless, you are not precluded from filing a lawsuit just because someone else has already filed a lawsuit. Do you think that if you are on a bus, and the bus crashes, and everyone on board (including you) is badly injured, then you would not be allowed to sue the bus company if the passenger sitting next to you has already sued? Of course not. Go see a lawyer, and get that suit filed. What you also want to do ASAP is open a probate proceeding for your mother's estate. You want to name yourself as personal representative. As a surviving child you would have priority to be named as personal representative, and as personal representative you would typically have primary authority to bring a wrongful death suit. Again, go talk to a lawyer immediately.

by **hanan** » Sun Jun 10, 2012 10:20 pm

I'm very sorry to hear about your family's loss. If the suit filed by your mom's sister and half brother results in a payment, the money would go into your mother's estate.did she have a will? if not, there will need to be a court order naming someone as executor (the person in charge of distributing her assets). if she did not leave a will, a court would most likely find that her spouse had the primary right to her assets, then her kids.

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