Legal Question in Personal Injury in California

wrongful death

I am suing a doctor for a wrongful death case that includes my husband. Because of my grieving for the loss of my husband, I am starting to have health problems. Could this be included in the lawsuit as for as reimbursement for my co-pays? Pls. help and advise. Thanks


Asked on 3/27/08, 10:43 pm

4 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: wrongful death

Are you represented by counsel? If not you will probably lose. Medical malpractice is very specialized and you need a lawyer that does this. Wrongful death does not compensation for the spouse's pain and suffering injury, unless you qualify under the negligent infliction of emotional distress theory which requires that you witnessed the event of the negligence as it was occurring.

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Answered on 4/02/08, 12:53 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: wrongful death

Yes. Such lawsuits are very difficult to win, and there are many deadlines and technical requirements you will have to meet. You need a lawyer if you don't have one already.

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Answered on 3/31/08, 10:32 pm
Lowell Houghton Law Offices of Hagop Chopurian

Re: wrongful death

Yeah you could add a cause of action for negligent infliction of emotional distress.

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Answered on 4/01/08, 9:28 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: wrongful death

As Mr. Houghton and Mr. Roth point out, you should see a lawyer ASAP.

Condolences on your loss.

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Answered on 4/02/08, 3:16 pm


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