August 15, 2018

Question

Victim operated on a Wednesday, passed on Monday. Only sister and nephew in family. no children. Victim female, mid 50s, income about 15k-20k yearly. NYC . Need advice, only month left to open suit against state.

Answer

If she was killed by malpractice then it's a case worth pursuing. What happened to cause the patient's loss? Was there "conscious pain and suffering" or did she never wake up? Wrongful death cases typically seek damages for "pecuniary loss" suffered by the surviving dependents, but just because someone has no children that does not mean there was no loss. If you have a month left to file a notice of claim, make sure you have or can get the medical records. A relative is going to need to be named as the estate's Administrator.


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