Gorovitz & Borten, P.C.
Attorneys at Law

550 Cochituate Road, SUite 25
Framingham, Massachusetts
Tel: (781) 890-9095
Wrongful Death - Plaintiff
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

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
  • Recoverable damages
  • 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.

Telephone:  781-890-9095     -     Fax:   781-890-9098
Electronic mail:
Questions or Inquiries to:

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