When malpractice leads to death, a personal representative of the deceased’s estate may initiate a wrongful death claim. In the absence of a will appointing an executor, the court will appoint one. In an Illinois medical malpractice wrongful death claim, qualified family members (typically, a surviving spouse, children, and parents) may recover financial compensation.
While you must file a medical malpractice claim within two years of discovering wrongdoing, you must file a wrongful death claim within two years of death.