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Pita, Weber & Del Prado Trial Attorneys
  • Personal Injury
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  • Wrongful Death
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  • Medical Malpractice

Can I sue for medical malpractice if a family member dies as a result of the malpractice?

Video Transcription:

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.

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