Post humous medical litigation

Yellow_Fern

Hi all,

Can medical litigation be done on behalf of some one already dead by a family member?

Thanks

Peregrinus

What remedy do you want? Resurrection?

The short answer is that , if the deceased had grounds for a medical neglicence claim and could have sued (or was actually suing) at the time of death then that claim survives. It can't be pursued by any old family member, though; only the legal personal representative of the deceased can sue — that's their executor or the administrator of their estate. They sue on behalf of the estate and any damages that are recovered are assets of the estate, and are distributed to whoever is entitled under the will or, if there is no will, under the rules that apply on intestacy.

But the estate can't recover the damages for personal loss that might have been awarded if the deceased had lived, and had taken the case themselves. That's damages for personal injury, pain and suffering, loss of life, loss of future earnings, that kind of thing.

What they can recover is specific damages — e.g. if the deceased spent money on medical treatment that wouldn't have been necessary if he hadn't been injured by medical negligence in the first place, they can recover the amount spent. Or other expenses that the deceased actually incurred as a result of the medical injury.

Yellow_Fern

Thanks a ton. I am not seeking a remedy for myself. Your answer is extremely helpful so I appreciate it. Is there a time limit?

Peregrinus

https://www.boards.ie/discussion/comment/122225623#Comment_122225623

The same time limit as would have applied anyway — two years from the date on which it is first known that an injury has been sustained. This will usually be the date on which the injury became manifest, but it could be a later date if it wasn't initially known that the injury was the result of the medical treatment.