Legal Question in Medical Malpractice in Pennsylvania
parental standing and suicide
Do parents of an adult married child who commits suicide have standing to file a malpractice suit against the psychiatrist, or any standing to file a claim against the survuvung spouse in PA?
1 Answer from Attorneys
Re: parental standing and suicide
Assuming the parents weren't dependent on the deceased, they wouldn't have a wrongful death claim. The estate of a decedent is the proper party (actually, the administrator or executor) to bring all claims on behalf of the decedent.
The estate has a claim for the decedent's own losses (i.e., expected lifetime earnings) and the surviving dependents have a potential wrongful death claim for the lost support.
SO the first question is, was there a will? Who will administer the estate.
You've certainly suffered a loss which must be agonizing. The situation must be very complex so I encourage you to consult an attorney in your area.
It's very disturbing that you are asking about bringing a claim against the widow. If the facts are that extraordinary, there may be grounds to set aside the usual priorities which would make the surviving spouse administer the estate.