Q: Can a son sue for wrongful death of father for medical malpractice if the father's wife doesn't want to?
My father died of cancer. He went to the Dr. for a clot in leg. CT showed stage 4 cancer in lung, liver, elsewhere. Upon getting this news my father said he had 2 chest x-rays done months before at a pulmomologist's office and after the last one the Dr. said it might be cancer. No one knew of this, including his primary. Not sure if it is in his chart. His wife isn't interested in legal action, can his son sue?
A: I'm sorry to hear about your father. You can sue on your own behalf, and potentially on behalf of your father's estate.
The wrongful death statute in Oklahoma allows children to bring their own claims for grief and financial loss. Additionally, you can bring the claim on behalf of the estate if you are appointed by a Judge to be the representative, and it is common for an adult child to do so.
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