Legal Question in Medical Malpractice in Maine
Who can bring on a claim of medical malpractice
Have a dieing parent who was found to have terminal
cancer. was diagnosed inlate 1999 problem by test were
evident in 1992 over looked until 1999. Can siblings (total our) bring it on or just the estate ie. executor?
2 Answers from Attorneys
Re: Who can bring on a claim of medical malpractice
The statute of limitations for a civil action based on a theory of medical malpractice or wrongful death is two years, so it appears you are running out of time. You should seek the advice of a qualified attorney immediately.
Assuming the appropriate medical experts retained by your lawyer agree that the failure to diagnose cancer in 1992 was the cause of the plaintiff's current condition, and ultimately, his or her death, then you may have a legal basis to file suit against all those who might have any liability for the injury/death and recoverable damages.
If the parent is still alive, then obviously there is no estate. The claim would be brought by the parent, and if the parent dies during the litigation, the medical negligence claim would turn into a wrongful death case, and the personal representative of the estate would step into the shoes of the parent as the plaintiff in the case.
If you are interested in discussing this matter further, please call my office at 305-445-0937.
Peter A. Gonzalez, Esq.
Re: Who can bring on a claim of medical malpractice
The P.R. normally brings the claim. If the P.R. refuses for a inproper reason you may be able to move forward. Call to a attorney on this. A.J. Comparetto, Esq., 727-328-7900. www.Florida-Malpractice-Law.com
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