If my brother died due to malpractice, what family members can sue?

UPDATED: Jan 28, 2015

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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


Anne Brady / Law Office of Anne Brady

Answered 8 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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