Legal Question in Wills and Trusts in New York

Malpractice and Wills, Probate and Trust

My mother died in Kings County Hospital, I believe it was do to the actions of the medical staff. She was only 53 yrs old. And she didn't leave a Will, she has a few unresolved Lawsuits pending. And I want to bring a suit against the hospital that she expired in. There was neglegence involved. I'm from NewYork so I'll need a New York attorney I guess, right?


Asked on 10/24/99, 7:17 pm

2 Answers from Attorneys
Keven Danow Danow, McMullan & Panoff, P.C.

Re: Malpractice and Wills, Probate and Trust

If your mother died in a city hospital, you will need to file a proof of claim within 90 days, or you may lose the right to sue.

You, or another qualified relative will have to file a petition with the Surrogate's Court in the County where your mother resided for appointment as adminstrator. Once appointed, you can continue with current law suits and commence the new one.

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Answered on 10/26/99, 9:50 am
Daniel Clement Law Offices of Daniel Clement

Re: Malpractice and Wills, Probate and Trust

If she died in a City Hospital, you only have 90 days from the alleged malpractice to file your proof of claim. I suggest you speak with any attorney immediately.

Daniel Clement

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Answered on 10/25/99, 7:34 pm


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