QUESTION
Can a brother sue a hospital or a doctor for wrongful death if the patient had a son and cannot be found?
Asked on Dec 17th, 2013 on Personal Injury - New York
11 ANSWERS
Ronald A. Steinberg
The brother would have to go to Probate Court and get appointed to act on behalf of the estate of the deceased brother. Then if the case was successful, the son (if found) would be entitled to a share of the proceeds. Anyone who suffered a loss as a result of the death would be entitled to share in the proceeds, based upon the amount of loss to that person.
Answered on Dec 20th, 2013 at 7:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, if the brother gets named the personal representative of the estate and sues on its behalf. Of course, if the estate wins, who gets the money? The missing son?
Answered on Dec 18th, 2013 at 11:10 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The only person who can bring a claim is the personal representative of the estate of the decedent, and only on behalf of the decedent's widow or surviving minor children, "minor" being defined as below 25 years of age. Siblings of the decedent are not defined as "survivors" under Florida's wrongful death act. The PR of the estate can only bring a claim on behalf of the estate and of the survivors. If you can't find the decedent's son, then there's no one to bring a claim on behalf of.
Answered on Dec 18th, 2013 at 11:09 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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The brother would have to get appointed by the Surrogate Court a personal representative of the estate of the deceased. It should be done without delay to prevent losing the case due to expiration of the time to commence the action (if the hospital is a municipal hospital, a notice of claim must be filed within 90 days from the date of death); you will deal with locating the son later. If the Surrogate refuses appointment without the son's consent, it will prescribe the steps that would have to be taken to give the son what the Surrogate would consider adequate notice of the proceedings.
Answered on Dec 18th, 2013 at 11:09 AM
Yes, but living spouses, any other living children, and living parents have standing before you. If any such individuals exist but can't be found or won't participate, you would name yourself and them as plaintiffs and attempt to serve them as interested parties. If the cannot be served through legal process, it is possible the Court would let you proceed on the alleged wrongful death action, though there is no guarantee.
Answered on Dec 18th, 2013 at 9:36 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Possibly. You must qualify as personal representative of the estate in order to bring a case. Talk to the clerk of court about that and see a lawyer if you think you have a case.
Answered on Dec 18th, 2013 at 9:36 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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In Texas, only spouses, children and parents of the deceased have a potential wrongful death claim.
Answered on Dec 18th, 2013 at 9:36 AM
James Eugene Hasser
Whoever is put in charge of the estate has the right to sue. Good luck.
Answered on Dec 18th, 2013 at 9:36 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This sounds more like a riddle than a question. Are you using the term "brother" in the genealogical sense, or the colloquial sense? Brother of whom? The doctor? The patient? The son? Who is it that cannot be found? The patient? The son? The brother? Who is it that died? This site allows you to submit "question detail" try re-posting with a narrative and describe what happened.
Answered on Dec 18th, 2013 at 9:35 AM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
Yes, the brother has to open an estate for the deceased person and be appointed as the administrator. Thereafter, the estate of the deceased person becomes the plaintiff in the lawsuit against the doctor or hospital.
Answered on Dec 18th, 2013 at 9:35 AM
Yes, the brother can sue on behalf of the deceased?s estate if he is the administrator.
Answered on Dec 18th, 2013 at 9:35 AM