I was contacted recently by a very upset daughter. Her widowed father had passed away. She felt his death was his Doctor’s fault. Sadly I had to inform her that I would listen to her story but would not be able to help her no matter what she said. In Wisconsin (Sec. 655 Wis. Stats.) an adult child has no claim for the loss of a parent because of medical malpractice. The estate of the parent has a claim for pain and suffering but I don’t know of a situation that we would be able to prove pain and suffering when the witness had already passed.
This is an interesting snag in the law. I hope to write about it more in the future.