The parties who can file a medical malpractice lawsuit are either the person who was directly harmed or their immediate family if the victim dies. In the event of the death of the victim, the lawsuit would be filed as a wrongful death medical malpractice case, and in most states, the only parties that can file this kind of suit are: The deceased party’s spouse or legal domestic partner The deceased party’s parents, either biological or adoptive The deceased party’s children, either biological and adopted Not every medical case with less-than-ideal results can be labeled as malpractice. Sometimes, especially in an emergency, mistakes can happen. Or in other cases, treatment for a particular condition may not have a good chance of success. This may not be the fault of a doctor. Typical cases that fall under medical malpractice would be: Wrongful diagnosis or misdiagnosis Late diagnosis of a terminal illness ‘Tunnel vision Maternal obstetrics, affecting mother, baby, or both Surgery Malpractice Your lawyer will be able to determine in your initial consultation whether your case qualifies for malpractice.