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.


Asked on 3/31/09, 3:21 pm

2 Answers from Attorneys

John Wunsch Law Offices John C. Wunsch, P.C.

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.

[email protected]

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Answered on 3/31/09, 3:53 pm

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.

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Answered on 3/31/09, 6:29 pm


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