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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118087
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was married to my husband 1 during ouhurt his self pretty

Customer Question

I was married to my husband 1 during ouhurt his self pretty bad. He sought medical helpr divorce he slipped down a flight of stairs and hurt hisself pretty badly he sought medical help and obtained an atty. He passed away a year ago. We had one son together and he is 19 he tried his best to get the suit finished up through probate but once the other party found he was deceasdue to the fall. I found out she was treating him for ed they refused to cooperate.
Now my question is he was seeing a general praticioner for other health related problems, i have found out she was seeing him and treating him for heart problems. In my opinion if he had heart problems should the doctor in question referred him to a heart specialist? Is this some type of medical negligence on her part? and if so can myself the ex wife who lost her alimony can i sue her for some type of medical malpractice?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that an ex spouse has no legal right to sue for malpractice or wrongful death of their ex spouse. Any right to sue would belong to his legal heir or administrator of his estate (which I presume is your son).
For there to be malpractice in FL, you need to have a medical expert review the medical records and determine if based on those records the doctor engaged in proper treatment and then you have to send a letter of intent to file a malpractice claim with the report of your expert explaining how their conduct was malpractice. This means your son needs to get those medical records looked at by a doctor to determine if your ex's doctor treated him properly or not and if not, then it is your son who has to bring a wrongful death/malpractice claim and I am sorry to say that as an ex spouse (even if you were getting alimony) would not have a right to sue for any damages I am sorry to say.