Legal Question in Medical Malpractice in Illinois
Family lawsuit against hospital
Can the wife of a deceased party
file a lawsuit for medical
malpractice causing the death of
her husband and omit other
surviving children in the case ? The
Children have a loss of their father
even though they are over 21
right? No information is being given
to the children regarding this
case.What can be done? This is a
stepmother situaton.Please help.
2 Answers from Attorneys
Re: Family lawsuit against hospital
Dear Sirs:
The children do have rights of recovery under the Illinois Wrongful Death Act.
Please contact our office immediately to discuss.
Many thanks,
Law Offices
JOHN C. WUNSCH, P.C.
Re: Family lawsuit against hospital
Thank you for posting your question. Please accept my condolences for the loss of your husband.
Yes, you can file a suit leaving them out. However, they do have the right to file a suit on their own, and may do so and then consolidate it with yours. This is a rather complex situation and I do have a number of questions that are best not exchanged in a public forum such as Lawguru.
Please feel free to contact me.