Estate Law Questions? Ask an Estate Lawyer.
Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.
My condolences for your loss.
You are going to need to open an estate in probate and be appointed as the executor or representative of the estate in order to maintain a malpractice claim on your mother's behalf.
The problem is that any POA you had to act on her behalf terminated when your mother died. In other words, the POA no longer conveys any authority to you. That is why you need to open an estate and be appointed representative to maintain the claim in her name.
You will need to research the jury verdict reporters to determine your demand. There are journals which report the jury verdicts awarded in your jurisdiction. So, you would look for cases similar to yours involving misdiagnosis and death.
You should probably consider retaining local counsel, as this is not simple litigation, such as suing a valet parker for denting your car. This is going to involve numerous depositions involving expert medical testimony.
If you need assistance finding local counsel try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.
If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.