The proper party to file a wrongful death cause of action depends on whether the deceased (injured patient) died with or without a will. The existence of a will requires a probate court to approve the executor (executrix) named in the will. In the absence of a will, a probate court must approve the individual who has requested to be administrator (administratrix) of the estate of the deceased (injured) person.
The administrator or executor of an estate filing a wrongful death suit has a fiduciary responsibility not only to the estate but also to every beneficiary of the estate.
A spouse or a parent does not automatically become the administrator or executor of the estate. A formal probate court filing, review and appointment is required to become the administrator/administratrix or executor/executrix of an estate.
At Gorovitz & Borten we help guide the proper individual to become the administrator/administratrix or executor/executrix of the estate of a person who has died as a result of medical malpractice.
In Massachusetts, the right to recovery for an act that negligently caused the death of a person is governed by Massachusetts General Laws chapter 229. Chapter 229, also known as the 'Massachusetts Wrongful Death Act', details the following:
Who can be a Plaintiff
Who is/are the Defendant(s)
Time period to file suit (Statute of Limitations)
Who are the possible Beneficiaries
Items not recoverable
If you suspect that you or your loved one was the victim of medical malpractice, contact us to discuss your particular situation. Protecting your legal rights will benefit you and your family. Although a lawsuit will never bring back a lost loved one, at Gorovitz & Borten the medical malpractice attorneys believe it is our duty (ours and yours) to hold medical providers accountable and to protect future potential victims by improving the quality of medical care by pursuing cases against medical providers responsible for a wrongful death.
Contact Information For a free confidential consultation and receive a response within 24 hours (when possible), please contact us by phone, fax or e-mail with your question or concern.
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