Legal Question in Medical Malpractice in Pennsylvania

parental standing and suicide

Do parents of an adult married child who commits suicide have standing to file a malpractice suit against the psychiatrist, or any standing to file a claim against the survuvung spouse in PA?


Asked on 6/11/99, 10:14 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: parental standing and suicide

Assuming the parents weren't dependent on the deceased, they wouldn't have a wrongful death claim. The estate of a decedent is the proper party (actually, the administrator or executor) to bring all claims on behalf of the decedent.

The estate has a claim for the decedent's own losses (i.e., expected lifetime earnings) and the surviving dependents have a potential wrongful death claim for the lost support.

SO the first question is, was there a will? Who will administer the estate.

You've certainly suffered a loss which must be agonizing. The situation must be very complex so I encourage you to consult an attorney in your area.

It's very disturbing that you are asking about bringing a claim against the widow. If the facts are that extraordinary, there may be grounds to set aside the usual priorities which would make the surviving spouse administer the estate.

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Answered on 6/28/99, 10:53 pm


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