Order Allow,Deny Deny from all Can I sue for medical malpractice if a family member dies as a result of the malpractice? | Jay Cooper Law Office

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If someone dies as a result of medical negligence or medical malpractice, then the wrongful death statute contains very specific provisions as to who can sue. Simply put, if a person passes away in a hospital or doctor’s office and they aren’t married, the case probably is going to die with them. There is an exception for dependent children who are defined as children up to the age of 25 who are financially dependent on the decedent. In a medical negligence action, if the decedent was not married, there is a high likelihood that the case expires with the person.