What are my option in terms of a lawsuit regarding the death of my daughter from a tonsilectomy?

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What are my option in terms of a lawsuit regarding the death of my daughter from a tonsilectomy?

Do both parents have to agree to a lawsuit or can one be against it and one not and still proceed?

Asked on April 11, 2012 under Malpractice Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If you and your spouse lost a child as a result of possible medical malpractice resulting from a tonsilectomy, you as one of the surviving parents have your own lawsuit to bring for wrongful death in your own right in addition to any action against the health care provider on behalf of your child's estate.

Meaning, both parents do not have to agree to file the medical malpractice lawsuit. I suggest that you consult further with an attorney that practices in the area of medical malpractice to answer any further questions that you may have.


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