Q: Can you still sue if Dr. kills himself?
My daughter is in the process of filing a suit against a Dr. who botched spinal surgery. After another Dr. in his practice attempted to fix his mistakes (as best he could), the original Dr. was fired from this practice. He found a new job in another town, same state. We just got word today that he died last week. It is still being investigated, but preliminary findings point to suicide ( he was a young guy, good health, etc. - his body was found in his car, parked at the hospital).
Is the original Dr (estate) still liable? Is the practice liable for allowing an emotionally unstable person to perform surgery?
A:
Medical malpractice cases can be pursued against the estate of the Dr..
There is a short statute of limitations --2years for med mal from the date the injury occurred and you must find an independent and qualified doctor who will state a breach in the standard of care has occurred.
It is possible to include the hospital or medical group if they were negligent in their relationship with the dr. which is causally connected to your injury.
We offer a free case evaluation give us a call.
A: The estate would be liable. Whether the practice is depends on a number of issues. I assume she has an attorney. If so those questions are best put to her or him. If not, she needs to contact a member of CAOC for the county where it happened or near it who handles medical issues--they give free consults.
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