Can I sue my late father's doctor for malpractice?

This is a discussion on Can I sue my late father's doctor for malpractice? within the Medical Malpractice forum, part of the HEALTHCARE LAW & MALPRACTICE category; My father died in 1995, and his estate went to my mother. When my mother died in 2002, I inherited ...

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Old Oct 13th, 2010, 05:51 PM   #1
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Confused Can I sue my late father's doctor for malpractice?

My father died in 1995, and his estate went to my mother. When my mother died in 2002, I inherited everything. I am just now learning that his death may have been caused by the over-prescription of steroids for his rheumatoid arthritis.

The medical clinic where his doctor worked says that they might still have his medical records. The coroner's office still has his case number, and their computer indicates they they might have his coroner's report.

If his medical records and the coroner's report verify that his doctor was over-prescribing steroids, can I sue the doctor (actually his insurance company) for malpractice? Though it all happened 15 years ago, my mother never realized the truth, and if I am just now learning the truth, does the statute of limitations apply?
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Old Oct 13th, 2010, 09:36 PM   #2
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Default Re: Can I sue my late father's doctor for malpractice?

I wish to inform you that your action to file for medical malpractice may be time barred under statue of limitations. However, as you have just now come to know about the fact that your father died because of negligence of doctor; therefore, you may file a suit and if other party pleads medical malpractice then you may argue that period of statue of limitation should start when you have come to know about the acts of negligence of the doctor. The burden will be on you to show that there was over-prescription of steroids. You can base your case upon the medical records available with the medical clinic and the coroner's report. The court will consider all the facts and decide the matter.

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Last edited by AFFA; Oct 14th, 2010 at 03:35 PM.
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