If my brother died due to malpractice, what family members can sue?
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If my brother died due to malpractice, what family members can sue?
He died because the hospital left medical gauze inside his body after surgery. He had a wife and a son, although his son is in jail as of now. My mother wants to sue the hospital and my siblings and I also want to come together to sue. We need to understand how this works.
Asked on January 28, 2015 under Malpractice Law, Louisiana
Answers:
Anne Brady / Law Office of Anne Brady
Answered 9 years ago | Contributor
The answer is going to depend on the wrongful death statute in the state where the malpractice occurred. In Arizona, a wrongful death claim may be brought by the spouse, children and/or parents of the deceased. Siblings do not have a claim. So in this case either the mother or the spouse would bring the claim on behalf of the mother, the spouse and the son.
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