Legal Question in Medical Malpractice in Tennessee

My brother-in-law died in a hospital under mysterious circumstances that could be malpractice. A family attorney (not a medmal specialist) told us it is probably not worth pursuing because he doesn't have any immediate family (bachelor with no children though his mom is still alive) so we don't have the legal right to pursue a lawsuit. Is that true? Also, they didn't get an autopsy though they were advised to get an autopsy - but I know requesting an autopsy is a heartwrenching decision for a family member to make in that time of grief. Have they undermined any case they might have because they didn't get an autopsy? He was cremated a few days later.


Asked on 1/04/10, 2:02 pm

1 Answer from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

You should certainly speak to a firm that handles Medical Malpractice cases. The next of kin, who apparently is his mother probably has the right to bring the action. However, if she would like to waive her right to pursue the matter and allow another family member to handle the case, that is a likely alternative. The primary question is whether there was actually negligence. The circumtances you describe may make this difficult, but the medical records may reveal more than you think.

I can not provide legal advice without knowing more about the case so please do not treat this as advice, but I do suggest speaking to an attorney about this. Also, please know that there are strict notice requrements and filing deadlines so depending on when the alleged negligence occured, you may have a very short time frame.

Good luck

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Answered on 1/09/10, 4:37 pm


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