my 52 yr old, nonsmoking brother suffered a sudden cardiac event and died at home on 9/28/13. He had been treated for headaches this past summer with hypertension meds. NO EKG was done. Family history + for numerous, sudden cardiac deaths in the males in the family. No previous medical history. However, on post, his circumflex artery was 100% occluded and the other vessels had significant blockage as well.
I want to sue his physician but don't know if I can bring an action as his sister.
David Herman HirschState, Local, and Municipal Law AttorneySan Luis Obispo, CA ·
My understanding is that the process of bringing a wrongful death lawsuit varies from state to state, so the Illinois attorneys will have to weigh in. What you really need to do is consult with a local medical malpractice attorney, so use the Find a Lawyer tool to find one in your area to consult with. Be aware, however, that suing a physician for malpractice and wrongful death is an expensive type of case to pursue, and they are difficult to prove and highly technical in nature. You need experts to establish what the standard of care is and that it was breached in some fashion. You will need to have a medical malpractice attorney get the files and have them reviewed by a physician to determine if professional negligence occurred and if you have any recourse. Best of luck to you...
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I am very sorry about the loss of your brother. I am a personal injury attorney in California. In California you would not have standing to bring a wrongful death lawsuit. Only your brother's wife and children, if any. Perhaps parents if he provided economic support.
You need to contact a personal injury attorney in Illinois to determine whether you have standing to bring an action.
Again sorry for your loss.
I am very sorry for your loss. You would need to check with a local wrongful death attorney to determine if you would be able to bring a suit under these facts. Medical malpractice/Wrongful Death cases are very technical and require a tremendous amount of work to prove.
With regard to whether you may be able to file suit, an estate would need to be established and a personal representative appointed to manage the estate. Once this set is completed, the personal representative can file a claim on behalf of the estate. Generally, the surviving spouse or a family member is appointed as the personal representative of the estate. Again, you would need to discuss the situation with an Illinois attorney to determine the applicability of state law to this process. Good luck to you.
In reality, you have clearly suffered a palpable loss. Unfortunately, unless you are or become the court-appointed legal representative of his estate, as a sibling you lack legal standing to bring a wrongful death suit in Illinois.
Illinois' Wrongful Death Act follows the probate intestacy statute in determining who can recover in the event of such a death. Here's a link to that: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=3700000&SeqEnd=5000000
The court-appointed legal representative of your brother's estate is able to bring suit on behalf of those entitled to recover under the Illinois Wrongful Death Act. If your brother was survived by a spouse and no children, she alone is considered the sole person able to recover under the Act and, in most instances, would be the one appointed as the legal representative to bring suit. If he also had children, they, too have standing to sue and recover. By law, a sibling is not considered his "next of kin" for purposes of bringing suit and is unable to claim a compensable monetary loss. Additionally, if any who are eligible to recover are unable to do so due to disability or because they are under 18, their legal representative may also pursue a remedy on their behalf. Typically, though not always, that person is the surviving spouse.
When confronted with situations where investigating and taking recourse seems the appropriate measure, persuading those who are empowered to do so becomes the primary approach for concerned family and friends. Certainly, where a surviving spouse and/or children are involved, the potential monetary recovery in a successful claim can ease the economic impact of lost support of the deceased bread-winner and, where applicable, the ability to pay for the children's college education.
Under the facts you describe, a successful suit would likely need the blessing and cooperation of your brother's wife. Should that be possible or you have other questions, most of us who are skilled in these types of cases would be happy to provide a free initial consultation to help all involved assess their rights and available recourse.
I hope this was helpful!
John Malkinson/Malkinson & Halpern, P.C.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
His eligible family members under the state's wrongful death statute such as spouse or children may retain a local lawyer to investigate. has a terrific "find a lawyer" tool to locate a top-rated attorney with a low contingency fee. Good luck.
Our condolences. It sounds like you were very close to your brother. I agree with the other counsel. However, to be more specific, you can open an estate and seek to be appointed as personal representative. If approved, you can proceed to file suit on behalf of the Estate. There is a specific procedure in Illinois that would permit you to be appointed for the sole purpose of filing the lawsuit. I suggest that you contact a licensed Illinois attorney and obtain a consultation. If possible, and if the personal circumstances allow for it, you should try to obtain your sister in law's cooperation and participation. I wish your family the best.
Your brother's wife would be the sole beneficiary of any proceeds of the wrongful death action. She would be the one who has standing to bring the suit, as it is she who suffered the loss of companionship and society. I am not saying you don't have the same, but she would be the one who has standing to bring the suit, along with any surviving children of your brother.
I am sorry to read of your loss. Each state's laws govern who has standing to sue. An Illinois lawyer should advise you. In California, his wife is the heir and would be the one to prosecute the claim.
No. Unless you have been appointed as administrator of his Estate, in most States it is spouses, children, or parents. I understand you suffered a loss, but under the law one of the others would have to file suit, and if there is any recovery, it is up to them as to whether they would let you share in any proceeds.
You may or may not have the ability to sue your brother's physician. it depends on the laws of IL. To find out for sure, consult with an experienced medical malpractice attorney. In many states, the person who can file the claim is the personal representative/executor of the estate.
