my father died and it seems his children are trying to rail road my mother. we believe he died from a medical wrong doing and seeked a lawyer however his daughter seems to be going behind our baks on her own.
ironjag
Depends on the jurisdiction specifically, but there are two types of actions avaialble:
Wrongful death lawsuit is generally brought by the estate of the deceased, suing on his behalf. So it would depend on who claims to be his estate. Generally spouse and children separate or jointly depending on circumstances.
Survivor lawsuits bought by the spouse or children for their own loss. Typcially the spouse has the stronger lawsuit, but the children may as well depending on age/dependency to the deceased.
Again, depends on your state's jurisdiction who can bring an action. Should consult an attorney to determine specifics and give advice. This is just general information, not to be construed as advice.
Sheila
I would think wife and/or children could at least sue for wrongfull death. Your question is a little confusing as you say "my father died and his children..." you would be his children if he's your father. So your sister doesn't agree with you about it or what? Or is this a half sister?
Windy
Anyone can file a lawsuit. Why did your father die? They would have to prove that what the doctor did lead to his death. Did he prescribe the wrong medication, did he leave sponges in his body, did he remove the wrong organ? They are probably looking for a reason to sue. It's easier to blame someone so they can justify their feelings.
Kay
I'm having a little hard time trying to understand your question. Usually the person who has the right would be the immediate family or partner. The wife would in this case. If the wife was not around it would be the children. This is without a will. If there is a will there should be something stating in there who is in charge of all assets or anything involving the person's death. I'm sure he must have had a written will. Usually the partner will state in the will all assests and involvement of the person is left for their partner to take care of and in charge, majority of the time. Sounds like there is a big disagreance here. This is when you need the lawyer to step in at this point to sort all of this. It should be able to be without civily, but sometimes with a passing of a loved one in the family, it stirs up emotions causing seperation between everyone when that is the last thing that should be done. What should be done is everyone working together on this and leaning on shoulders for support when grieving. I'm soo sorry for your loss and I hope you all resolve this peacefully.
Orignal From: Tips: who has the right at medical malpractice when a loved one dies wife child i thought the wife did.?
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