Legal Question in Personal Injury in California

Grandparent's standing to sue in wrongful death action

Where grandparents are the sole survivors - can they bring a

wrongful death action on behalf of a two week old

grandchild who died in a public hospital that failed to meet

its requirements under emtala?


Asked on 9/17/03, 1:34 pm

5 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Grandparent's standing to sue in wrongful death action

If there are no parents the grandparents can bring a wrongful death action. The case would have to be evaluated to determine if their is sufficient evidence of negligence to warrant bringing the case. Contact us or some other firm to evaluate the matter free of charge and without obligation. If it is a good case, it will be handled on a contingency basis, i.e. no recovery - no fee.

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Answered on 9/18/03, 2:59 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Grandparent's standing to sue in wrongful death action

You may have standing to bring suit. Much additional info and investigation needed to see if care below standard under circumstances. Don Holben 800-685-6950

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Answered on 9/18/03, 4:19 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Grandparent's standing to sue in wrongful death action

If the grandparents are in fact the only sole survivors than they could in fact sue for wrongful death. If you are interested in a free consultation give me a call at 818-427-6246. Thanks,

Norm

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Answered on 9/18/03, 7:37 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Grandparent's standing to sue in wrongful death action

Yes, but there are strict notice requirements that must be complied with. Get representation immediately. Call me directly at (619) 222-3504.

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Answered on 9/20/03, 2:16 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Grandparent's standing to sue in wrongful death action

Yes. This case is one I would probably pursue. I'm sorry for the loss. Contact me at 310-266-4115.

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Answered on 9/19/03, 1:34 pm


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