If my brother recently died and we are sure there are grounds for medical malpractice, can our mother or his children pursue it?

He had a wife but she does not want to do anything about it.

Asked on September 26, 2013 under Malpractice Law, Indiana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

His children can pursue it for wrongful death and survivor actions. You might be able to push for an investigation but you may not have standing to sue per se (though it may be allowed by the court in your jurisdiction). You need a wrongful death/med mal attorney to help you.

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