Estate Executor Sue for Deceased?

[Muffuah]

State= Pennsylvania
Assuming that the deceased could, had they lived, won a suit for negligence, pain and suffering, etc. (really, for any tort), can the executor sue on their behalf? The particular incident I have in mind did not cause or contribute to the death. Nurses ripped patient's thigh, causing puncture wound and skin tear of 4"x7".

 

[quincy]

State= Pennsylvania
Assuming that the deceased could, had they lived, won a suit for negligence, pain and suffering, etc. (really, for any tort), can the executor sue on their behalf? The particular incident I have in mind did not cause or contribute to the death. Nurses ripped patient's thigh, causing puncture wound and skin tear of 4"x7".

Who are you in all of this, Muffuah?

Relatives of the deceased can pursue a wrongful death claim, as can an executor named in the will. An injury to the deceased that had nothing to do with the death, however, would be difficult to support unless the suit was filed by the deceased prior to his death.

 

[Muffuah]

Who are you in all of this, Muffuah?

Relatives of the deceased can pursue a wrongful death claim, as can an executor named in the will. An injury to the deceased that had nothing to do with the death, however, would be difficult to support unless the suit was filed by the deceased prior to his death.

The deceased was my unmarried wife i.e. we lived as married for 17 years, but were not legally so (please don't consider common-law, as it would not apply in this state [I actually live in Maryland). The executor of her estate is our best friend, a colleague to her. We chose him to spare me from having to do the job while dealing with her loss. I mention this because this decision was made in advance and in consultation with the friend- he will act in this as I ask him to.
I do admit that I am angry at the facility that is behind the question and I would like to see them punished for several things that they did and did not do in providing care to her. The injury was sustained only a few days before her death; she didn't have time to file a claim.
This isn't important to the question, but in case this might possibility color an answer, I will say that should we decide to sue AND succeed, no individual will benefit from the money. It will be used philanthropically in ways that have already been discussed/decided/agreed to between all of the heirs.

 

[Zigner]

I'm sorry for your loss...and I'm sorry to be blunt...but there really is no case here. Even if you (the estate) could sue (I don't think so) and win (I don't think so), then what are the actual damages? If she died within a few days to to a totally unrelated cause that was ongoing, then there would really be very little monetary value. Furthermore, it would likely go against the administrator's fiduciary duty to pursue such a case, as the costs to due so would likely be high with little to no actual hopes of any recovery.

 

[quincy]

The deceased was my unmarried wife i.e. we lived as married for 17 years, but were not legally so (please don't consider common-law, as it would not apply in this state [I actually live in Maryland). The executor of her estate is our best friend, a colleague to her. We chose him to spare me from having to do the job while dealing with her loss. I mention this because this decision was made in advance and in consultation with the friend- he will act in this as I ask him to.
I do admit that I am angry at the facility that is behind the question and I would like to see them punished for several things that they did and did not do in providing care to her. The injury was sustained only a few days before her death; she didn't have time to file a claim.
This isn't important to the question, but in case this might possibility color an answer, I will say that should we decide to sue AND succeed, no individual will benefit from the money. It will be used philanthropically in ways that have already been discussed/decided/agreed to between all of the heirs.

I, too, am sorry for your loss, Muffuah.

I do not see that there is a supportable lawsuit but you can file a complaint against the facility if you feel your wife's care was substandard.

The use that would be put to any damages that are awarded in a lawsuit would not be a consideration. A lawsuit either has merit or it does not. Without demonstrable monetary damages, a suit filed by the family or executor of an estate would have no merit.

I agree with Zigner.

 

[Muffuah]

The use that would be put to any damages that are awarded in a lawsuit would not be a consideration. A lawsuit either has merit or it does not. Without demonstrable monetary damages, a suit filed by the family or executor of an estate would have no merit.

I knew that and that sentence wasn't really directed at you (you've reasonably answered other questions for me a couple of years ago). I included it to ward-off responses that might be "colored" by a prejudice of my conceived motive(s).

I do not see that there is a supportable lawsuit but you can file a complaint against the facility if you feel your wife's care was substandard. I agree with Zigner.

Ok, thank both of you for your answers and condolences. I'm sorry to hear the answer, but I understand. As I said, I'm angry about several aspects of her care but if there's nothing that can be done about it, there's no point to trying.
Maybe I can think of something else.

Tip-O-The-Hat

 

[quincy]

I knew that and that sentence wasn't really directed at you (you've reasonably answered other questions for me a couple of years ago). I included it to ward-off responses that might be "colored" by a prejudice of my conceived motive(s).

Ok, thank both of you for your answers and condolences. I'm sorry to hear the answer, but I understand. As I said, I'm angry about several aspects of her care but if there's nothing that can be done about it, there's no point to trying.
Maybe I can think of something else.

Tip-O-The-Hat

You can always speak to an attorney in your area to see if there is any legal avenue available for you to explore but, at least from this distance and based strictly on what you describe, I am afraid I cannot see one. Sorry.

Both Zigner and I appreciate the thanks, Muffuah. I wish you the best.