Legal Question in Medical Malpractice in Florida

Florida Law

MY question is in regard to a malpractice case in Florida. My mother in law was diagnosed with Para Nasal Cancer. My wifes Step father started a malpractice case because a doctor and a hospital failed to diagnose this cancer properly. My wife and her sisters did not get along with there stepfather and the mother gave power of attorney to the two oldest sisters. A week ago my mother in law passed away from this cancer. The stepfather calls and tells my wife that the law suit died with their mother and that only somneone under 25 can carry out the rest of the law suit. Everyone lives here in New York and we think he is playing games. What can we do as a family to finish this law suit or should we retain new counsel to start a new one since she passed away. Your help would be much appreciated.

Asked on 10/15/03, 9:10 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Florida Law

A personal representative for the estate must be appointed to continue with the action. Speak with the attorney handling the action.

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Answered on 10/16/03, 6:53 am
Andrew Frisch Morgan & Morgan, P.A.

Re: Florida Law

First let me say that I am sorry for your loss.

Secondly, according to the law in all 50 states the only requirement which must be met by a person in order to continue a deceased person's lawsuit is that they have the right to be made the Administrator of the estate. However, either or both daughters would qualify to be Administratrix (female Administrator).

The only issue is that the lawsuit in your mother-in-law's name did technically "die" with your mother-in-law. The next step is to contact her attorney, tell him/her who you are and ask that they continue the lawsuit on behalf of you mother-in-law's estate with one of the daughters as the Adminstratrix.

I can be of assistance in further explaining this and taking further steps. I offer a free consultation and work on contingency. Please contact me 24 hours a day at (877)NYC-LAW1.

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Answered on 10/16/03, 8:12 am

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