Can a spouse file a medical malpractice suit for the death of her husband?

Wrongful death claims, including those stemming from medical malpractice, must be filed by individuals known as “real parties in interest”.  A real party in interest would include any survivor of the decedent who experiences damages resultant from the wrongful death, which in the case of a spouse, is applicable.  Although it varies from state to state, real parties in interest may include other immediate family members, dependants, life partners, and in some cases, even distant relatives with close relations or dependence on the decedent.

As a spouse, your claims for damages can include a number of items, including requests for both economic and non-economic damages.  Additionally, some states provide for reimbursement of legal costs and interest on money spent to mount a legal case, if the defendant receives a favorable judgment in their case.  Given the nature of failure to diagnose and failure to treat your husband, there may also be a real possibility to request and receive punitive damage awards from negligent medical professionals and the healthcare company, as well.

As a survivor, the grieving process following a death is overwhelming.  In cases of wrongful death, however, part of the grieving process undoubtedly demands receiving answers  about the reasons as to why your husband was discharged without sufficient medical diagnostics, let alone care.  Any attorney experienced in medical malpractice wrongful death suits can answer these questions for you and other loved ones, as well as commence the process of obtaining damage claims.  However, it should be noted that all fifty states have specific statutes of limitations for filing wrongful death suits.  The statute of limitations in most cases is about two (2) years from the date of the actual harms leading to death, but again, these timeframes widely vary, so consulting with an attorney as soon as possible is important.

Talk to a Medical Malpractice Lawyer to find out what legal options you have to hold the hospital liable and recover damages.