Legal Question in Medical Malpractice in Florida
Rights of family members to pursue suit if husband of deceased declines to purs
Our sister died at age 49 needlessly due to medical neglegence and malpractice. She was married at the time of her death, however, her husband does not want to pursue a lawsuit. Our family feels strongly that something should be done to prevent this from happening to others. Can he waive his right to us so that we may pursue with a lawsuit?
Do we have any rights at all?
2 Answers from Attorneys
Re: Rights of family members to pursue suit if husband of deceased declines to
Only her husband, children or the named personal representative in a will can proceed.
Re: Rights of family members to pursue suit if husband of deceased declines to
A personal representative ("PR") would have to be appointed by the court, then the PR would be the party that would pursue any claims against the doctors, nurses, hospital or other medical providers who may share liability for the cause of your sister's death. Typically, the spouse becomes the personal representative, but if the spouse is not interested and has no objection, then a sibling may very well take on the position and pursue the pre-suit investigation that is generally performed by an attorney before deciding whether there is a viable medical negligence/wrongful death case that is worth pursuing. If you wish to discuss this matter further, please call or write my office.
Peter A. Gonzalez
305-445-0937
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