Legal Question in Medical Malpractice in Pennsylvania

can a gandchild file a wrongful death suit or seek a private settlement. the hospital where my grandmom died said they cannot discuss anything with me because of hippa laws. they can only talk to the executor. my aunt is the executor and i did not want to get her or any other family involved. i live in pennsylvania.

thank you

Asked on 5/14/13, 11:23 am

2 Answers from Attorneys

Jerry Meyers Meyers Evans & Associates, LLC

If your aunt has been appointed executor or administrator of the estate you would need her agreement and the agreement of the other heirs named in the will or designated by the law of intestate succession, to become an administrator of the estate. As the administrator,you would then be permitted to file a legal claim on behalf of the estate and on behalf of the wrongful death heirs,

You would have no interest in the recovery of money unless you were dependent on your grandparents for support while she lived.

In no event could the matter be kept secret from the wrongful death beneficiaries or the heirs of the estate.

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Answered on 5/14/13, 11:38 am

Glenn Brown Real World Law, P.C.

Unless you are willing to have the rest of your family involved this is not likely to work for you.

Good luck.

I have a Delaware County office.

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Answered on 5/14/13, 12:48 pm

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