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Wrongful Death Questions & Answers
1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Florida on
Q: If I decide to get an abortion, Can I sue the doctor or facility in the event of injury to my body or if I died?
Charles M.  Baron
Charles M. Baron
answered on Jun 28, 2022

Abortion care and any other kind of medical care must meet certain professional standards. If there is negligent conduct that is deemed to fall below those professional standards, and the negligent conduct is determined to be the cause of injury or death, there would be a potential medical... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Massachusetts on
Q: Can you physically acquire a criminal's property if they filed jointly with someone who has no criminal record?

For example, if your wife killed someone by driving under the influence of drugs and alcohol, and they are currently in the system for future sentencing. Can a civil attorney of the victim's family take her mortgage or the estate's value if she filed jointly with her husband who committed... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2022

A Massachusetts attorney could advise best, but your question remains open for three weeks. This is something that would require more thorough analysis than solely looking at tax filing status (you mention filing jointly). Attorneys would look at ownership of the property and assets, not only tax... Read more »

1 Answer | Asked in Car Accidents and Wrongful Death for New Mexico on
Q: My son was in a rollover accident he was the passenger and both people in vehicle where ejected and died

It was a single car accident can I sue for wrongful death I'm his mom he was 29

Mark Caruso
PREMIUM
Mark Caruso
answered on Jun 20, 2022

My name is Mark Caruso with Caruso Law Offices, and I would like to answer your questions.

Yes you can bring a claim on behalf of your son. Because your son was a passenger and not at fault for the crash, you can sue on behalf of his estate. First, you would need to get appointed as the...
Read more »

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: A misplaced n g tube was Actual Cause of death. Discovered after prescription do I have a path forward to sue?

Actual Cause although mentioned by ER Doctor 5 times, n g tube looped in distal esophagus, tip terminated, coiled in hiatel hernia above diaphragm blocking airway, my family was told septic shock and bowel perforation killed my mother. I feel this has been criminally mishandled.

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2022

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your mother. Condolences to you and your family. Yes, you could possibly have a path forward, but no one here could say for certain until the records are reviewed by medical... Read more »

1 Answer | Asked in Wrongful Death for Texas on
Q: My girlfriend hung herself in jail and died from her injuries can I pursue legal action and sue them for negligence

Or is only her immediate family able to do so

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 14, 2022

Only her immediate family, I am sorry for your loss.

Q: Case tossed from Supreme Court January 6, 2021. Dignity and Respect EEOC filed 12-21-1987. When is an agency liable…?
Neil Pedersen
Neil Pedersen
answered on Jun 1, 2022

I am sorry but your post is so short and bereft of any helpful detail that it is virtually impossible to provide you with a helpful answer. I would suggest re-posting with more information.

When you do, please state what kind of case was tossed from the Supreme Court, what you mean by...
Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury, Wrongful Death and Health Care Law for California on
Q: Can I file a person injury case against Kaiser for not doing what they were supposed to

My dad was on hospice in Kaiser they were supposed to informed me when my dad got worse for we can say our goodbyes n they didn’t the day he died they had a meeting had him sign papers I had no idea that was going on I told them not to have a meeting unless I was informed because he was on... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on May 28, 2022

You should immediately talk to a personal injury attorney who also handles medical malpractice. There are very strict timelines that you must not violate so you should talk to someone right away or you could lose the chance to do something.

1 Answer | Asked in Health Care Law, Legal Malpractice, Personal Injury and Wrongful Death for California on
Q: To Whom It May Concern: I am a legal nurse consultant with extensive experience in Emergency and Trauma nursing care.

I review medical records, create chronologies and perform merit reviews with a strong clinical eye to help strengthen your case.

Please contact me!

Kerri Calloway, BSN, RN, CEN, TNCC

443-618-8722

Dale S. Gribow
Dale S. Gribow
answered on May 21, 2022

GOOD LUCK.............

1 Answer | Asked in Personal Injury and Wrongful Death for Missouri on
Q: Can a certified lifeguard in the state of missouri be held liable if someone drowns in a municipal public pool?
Todd N. Hendrickson
Todd N. Hendrickson
answered on May 20, 2022

That depends on a lot of factors. All I can say at this point is it's possible.

2 Answers | Asked in Wrongful Death for New York on
Q: What can I do if the hospital essentially played a part in my grandfather’s death?
Tim Akpinar
Tim Akpinar
answered on May 15, 2022

I'm very sorry for the loss of your grandfather. As a first step, your family could reach out to law firms that handle med mal/wrongful death matters. Most law firms handling such matters offer free initial consults. Upon preliminary review, if a firm believed there could be a potential basis... Read more »

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1 Answer | Asked in Wrongful Death for New York on
Q: Can a cousin file a wrongful death claim
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 10, 2022

Sorry for your loss. Generally speaking, a wrongful death lawsuit can only be brought by the duly-appointed representative of the estate, either the executor (if there was a Will) or administrator (if there was no Will). Although you can certainly file a petition to be appointed administrator,... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Florida on
Q: Can I sue the hospital for medical negligence due to the sudden death of my mother-in-law who had Covid -19?

My 70-year-old mother-in-law passed away unexpectedly earlier this year after being admitted to our local hospital twice within a week. At the time of her passing, she was suffering from COPD, had a heart stent, was on long-term opioid for more than 30 years among other health problems. In the last... Read more »

Tim Akpinar
Tim Akpinar
answered on May 9, 2022

This is something a Florida attorney could answer best, but your question remains open for four weeks. I'm very sorry for your family's loss and the ordeal your mother-in-law went through. As a general observation, the matter could have elements that make for a difficult case. Hospital... Read more »

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I need to know if I can file a lawsuit

I need to know if I can file a lawsuit against the hospital who turned my 17 year old daughter away while she was in a cardiac arrest for she arrived at a later hospital and she died a minute after she arrived parents were never notified until after her death

Tim Akpinar
Tim Akpinar
answered on May 4, 2022

I'm very sorry for the loss of your daughter. This is a heartbreaking scenario. Only a Texas attorney can advise you on civil practice rules, but you originally posted three weeks ago. Please consider consulting with a Texas attorney WITHOUT DELAY if you contemplate legal action. Depending on... Read more »

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1 Answer | Asked in Wrongful Death for Louisiana on
Q: Would a rubber tube coiled up blocking airway serve burden of proof under "The Thing Speaks For Itself'?

Do I still need an expert opinion when it is proven a rubber tube was left in my Mothers throat, Obviously by nursing home who has no record of procedure, obviously to hide the truth, momma's facial expression of eyes and mouth open is text book suffocation/asphyxiation. Has burden of proof... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

Yes you ALWAYS need an expert in med mal and you need a pulmonologist

1 Answer | Asked in Wrongful Death for Maryland on
Q: How long after death can you file for wrongful death?

My son was killed 15years ago.The killer is in jail now.

Mark Oakley
Mark Oakley
answered on Apr 28, 2022

3 years for a wrongful death that occurs in Maryland. There are no exceptions, as the time limit on commencing suit is deemed part of the substantive cause of action. I am sorry for your loss. Unless the jailed killer has assets, I do not see how you would satisfy a judgment even if the claim... Read more »

2 Answers | Asked in Personal Injury, Products Liability, Medical Malpractice and Wrongful Death for California on
Q: Paralyzed by lumbar fusion surgery,aorta cut,renal artery severed,metal cage on iliac artery can kill me any moment hel

DAMAGES TO PATIENT 

1.The surgeon was not prepared for her anatomy and could not individualize approach

2.Patient did not know and was not given informed consent to the procedure or the risk she would incur. ... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 24, 2022

CONTACT A MED MALPRACTICE LAWYER ASAP...

LET HIM OR HER SPEND THEIR TIME GATHERING THE EVIDENCE TO WHICH YOU ALLUDE.

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1 Answer | Asked in Wrongful Death for New Jersey on
Q: Is a widowed sister-in-law legally entitled to money damages in wrongful death suit of spouse's mother?

I need to confirm if my sister-in-law is eligible to be a co-plaintiff in a wrongful death suit with me and my two siblings. Our mother tragically passed away in June 2020 after three weeks at a healthcare facility. Our mother had four children, but lost a son in 2018, so we are three remaining... Read more »

Gerald D. Siegel
PREMIUM
Gerald D. Siegel
answered on Apr 23, 2022

No.

1 Answer | Asked in Criminal Law and Wrongful Death for Texas on
Q: How do I find out what has happened to the man who was convicted of murdering my grandmother in August of 1972 in Fort

Worth. The case is listed as xxx vs the State of Texas, #49532. My grandmother’s name was xxx, 85. I know that the man was sentenced to life in prison but I would just like to know if he is still incarcerated and where. My father was her son and until the day he died, he always told me he... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 2, 2022

If his birthday May 20 he is deceased. He is not in prison but his life sentence would of been up along time ago. I think he died in 2012 . If you email me your email I will send you what I found on him. Pennywhitetx@aol.com

1 Answer | Asked in Wrongful Death for Texas on
Q: WHY DID NOT KNOW UNTIL TO LATE HAD MANY MRI CAT SCAN X RAYS MAYBE MAYBE NOT COULD OF FOUGHT WE OR THEY DONT KNOW NOW
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 26, 2022

I assume you are talking about cancer. Someone would have to review the medical records to determine if you failed to receive good medical care,

1 Answer | Asked in Wrongful Death for Texas on
Q: husband was in the hospital August infection on his spine never got out of the hospital Nov found cancer stage 4 died
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 11, 2022

You cant sue if he had cancer. I am sorry for your loss,

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