I heard people can sue doctors for wrongful death if a relative dies during surgery. My coussin died during surgery at a Massachusetts hospital, so can I sue? (Posted by Diggy on The Forum.)
Editor's Response:
Probably not. Massachusetts law only allows certain persons to sue for wrongful death. Generally, the victim's immediate family is allowed to sue, such as the surviving spouse, children, and parents. If the children are minors, the court will usually require that they be assisted by a guardian in their effort to recover damages.
Conceivably, there may be a situation where a court might allow one cousin to sue over the wrongful death of another cousin, such as if the deceased cousin was the guardian or caretaker of the cousin seeking damages. However, for that type of determination, you would need to check with an experience personal injury attorney.
For more information or to post a question, visit our Medical Malpractice Discussion Forum.
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