who can sue for Moms death

My wife's mom died recently due to complications from a breast reduction and lyposuction surgery. She had fat emboli then ards. She died at a rehab from not enough suction and she suffocated.

My wife's step dad (husband to her mom at the time) is not interested in pursuing the matter. If there is a case to be had (which I am not really asking at this point) can my wife pursue it or does it have to be done by the the husband? (sorry for the spelling)

Thanks

[racer72]

Almost all laws in the matter of wrongful death allow the spouse or minor children to seek litigation. Your wife is considered to be independant of the immediate family unit and cannot sue. But this is not to say that your wife could not seek some sort of legal remedy. I would suggest talking to an attorney familiar with wrongful death and medical malpractice but do not be surprised if you are told there is nothing he can do.