Can I sue for medical malpractice if a family member dies as a result of the malpractice?
There are different rules that apply to who can sue if a family member dies as a result of medical malpractice. One; a surviving spouse can sue for the loss of a spouse. In the case of children; children cannot sue for the loss of a parent if they are over 25 years old, if the child’s over 25 years old. Same thing for a parent; a parent can’t sue for the loss of a child once the child reaches the age of 25.
There are some exceptions; if a child is dependent on a parent, for example for heavy duty medical reasons they’re still dependant on a parent, the child over 25 could sue for the loss of that parent and vice versa.