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My Dad was involved in a malpratice lawsuit against a dentist . He has now died due to sepsis which we belive was a complication due to the infection from the dental implants. How do we move forward with the case now ? My dads attorney only wants to deal with the excuture of his will? Does that have to be the case or can I as one of his children also be included on any and every decision moving foward with this case? Thanks In advance
State/Country relating to Question: Georgia Already Tried: This case is in Atlanta Georgia How does the case move forward Me and my sister are my dads suvivors I would like to be included in any decisions regarding my dads case even though I was named excutor in the will Is this possible ?
Your dad's attorney can now only deal with the executor of the estate because the estate is now the party to the lawsuit and the executor is the representative for that estate. Thus, you need to deal with the executor of the estate on the suit and the executor would be the one making the final decisions and communicating with the attorney. As a child, you can file a survival action now if you can prove the death was caused by the malpractice and this would be separate from the malpractice action.
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Thank you one last question when you say I can file a survival action what does that involve?
When there is a death caused by malpractice or negligence, the surviving spouse or children of the desceased can file an action as survivors for the loss of income/relationship/friendship/association of the deceased. It is a separate action from the malpractice/wrongful death action.