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Is a malpractice case cannot be filed by parents of a married person?

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prescinu


Arresto Menor
Dear Atty.

I have a very pressing issue bothered me a lot.

My ex-husband passed away few months back, but we were separated 6 years ago due other woman and RA 9262. And that other woman turns to be his live in partner to date and as per them 4 months pregnant.

My late husband died due to unsuccessful operation and family of my husband has a strong doubt a mistake from doctors thus he died since he is fit during operation time. Now autopsy is done and they given the case to lawyer to study the case. Since, I am outside the country, they keep on texting my roaming that because I am not in PHP they cannot file a case coz he died and status was married. They ask me to talk to lawyer to make me understood but I told them they can file and no need SPA coz they are parents.

My question is, is it true they cannot file the case if I will not give them SPA?

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attyLLL


moderator
if they will file a criminal case, they can do so without you.

but if a civil case for damages, your authorization is needed


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prescinu


Arresto Menor
Thanks for reply.

What is the difference of civil case against criminal case. For Malpractice where it will be? What kind of case they can file?

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attyLLL


moderator
if you are seeking just monetary damages, then that's a civil case.

if you are also trying to put the doctor in jail, then that's a criminal case


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