Can an ex-spouse sue for wrongful death?

I was a witness for a case in which my ex-wife was murdered. She was admitted to a hospital and discharged after 10 days. State law states that the patient was to seek shelter and follow up within 5 days after discharge. Basically she was discharged to the street when it did show that she was homeless. No family member was aware of her being discharged, not even her current husband. I have a lot of questions regarding how the attorney handled the case.

Asked on October 25, 2013 under Malpractice Law, New York


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can see if you can get together with the remainder of the family and jointly speak to an attorney about filing suit for medical malpractice or legal malpractice. Ultimately, you cannot file for wrongful death because you were no longer married to her. However, if you have minor children with her, you might be able to sue as their guardians.

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