Can I file wrongful death with a survival action? How? 17 Answers as of August 31, 2015

The gross negligence of a doctor caused the death of my son during open heart surgery. Can I file a wrongful death lawsuit with a survival action because of this?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Before any action could be made in court, you must first take you claim to the Medical Legal Panel in Helena. After their non-binding comments, you can then file if the case has merit. You should gather all the relevant medical records and contact an attorney who specializes in medical legal cases.
Answer Applies to: Montana
Replied: 5/18/2015
Candiano Law Office
Candiano Law Office | Charles J. Candiano
No. You would need to file a medical malpractice claim. An experienced medical malpractice attorney needs to review the medical records to determine whether there is a viable claim.
Answer Applies to: Illinois
Replied: 5/18/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
An estate would have to be opened and the person in charge of the estate would have the right to file suit. You should seriously consider consulting an experienced medical malpractice lawyer.
Answer Applies to: Alabama
Replied: 5/18/2015
Law Offices of George H. Shers | George H. Shers
You need to speak to several local malpractice attorneys as soon as possible to see if they feel you have a case and what the potential recovery is. ?Many valid medical malpractice suits are not filed because the cost of pursuing the case outweighs the amount of compensation that might be recovered
Answer Applies to: California
Replied: 5/18/2015
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
If the Doctor violated the standard of care, you do have a claim. It would be brought by your son's estate.
Answer Applies to: Connecticut
Replied: 5/15/2015
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    If it happened within the past two years (or within 6 months of when you knew or should have known of the claim), and expert physician review confirms the malpractice, then yes. But, do not delay, as much needs to be done, before filing a medical malpractice lawsuit. And, even if there's time left on the limitations period, many lawyers won't take a case if there's too little time to fully investigate the matter. If you're serious, act now, as delay can only hurt or preclude pursuit.
    Answer Applies to: Michigan
    Replied: 5/15/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    I'm not the terminology your are using is what lawyers, at least in this state, use. It sounds to me like your case is really medical malpractice, and the wrongful death makes up part of the damages. A skilled personal injury lawyer might well file a complaint with two counts, one for wrongful death and the other for medical malpractice. Find a good lawyer: it's almost always worth the investment. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/15/2015
    End, Hierseman & Crain, LLC | J. Michael End
    In Wisconsin, claims for loss of society and companionship for deaths caused by medical malpractice may only be brought by a surviving spouse and/or minor children of an adult decedent, or by the parents and minor siblings of a minor decedent. Thus, you would only have a claim if your son was a minor when he died. I can explain this to you if you would like to call.
    Answer Applies to: Wisconsin
    Replied: 5/15/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You can file suit on behalf of hi estate.
    Answer Applies to: Michigan
    Replied: 5/15/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report(up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one
    Answer Applies to: California
    Replied: 5/15/2015
    Goldstein and Peck. P.C.
    Goldstein and Peck. P.C. | William J. Kupinse, Jr
    In Connecticut in order to bring a malpractice action against a medical professional, you need an opinion from a similar medical professional that the doctor in question did commit malpractice. Consult with an attorney.
    Answer Applies to: Connecticut
    Replied: 5/15/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    That would be a yes.
    Answer Applies to: New York
    Replied: 8/31/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    First things first: you need to prove the "gross negligence" that you refer to. You may be right, but you have to be able to prove it. As to how you do it, you hire a lawyer. Look for an experienced med-mal lawyer in your area. If you have grounds, they'll run with it.
    Answer Applies to: New York
    Replied: 5/15/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If there was a professional negligence, it is a claim which would be brought on behalf of his estate. In that action damages for yourself, as a survivor, could be claimed.
    Answer Applies to: Michigan
    Replied: 5/15/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Generally survivorship action occurs if the deceased(in this case your son) survived for a period of time after the errors in the surgery. Of course you will need to evaluate if there were any medical rules that the doctor violated that is not a foreseeable risk in the surgery.That will require a doctor in the same field render an opinion as to violation of the rules and causation. Good Luck.
    Answer Applies to: California
    Replied: 5/15/2015
    Ty Wilson Law | Ty Wilson
    I am sorry for your loss. You may have a wrongful death or a malpractice claim. You should speak with a medical malpractice lawyer, these are some of the most difficult cases to file. Good luck, once again I am sorry for your loss.
    Answer Applies to: Georgia
    Replied: 5/15/2015
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    It depends on the age of your child. If he was 25 or older, then no. Under, yes.
    Answer Applies to: Florida
    Replied: 5/15/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney