Under California law (Code of Civil Procedure section 377.60, et seq.) certain people would have standing to sue for your father's wrongful death. Since the claim is the property of each of those claimants, all of the claimants would need to be involved in the lawsuit. However, the Executor of your dad's estate can prosecute the case on behalf of the statutory claimants (the claim is not an asset of the estate).

While you might be able to do the claim, you may not have a claim that is worth the effort. You need to have an experienced medical malpractice attorney help you evaluate whether you have a good chance of recovering enough compensator to make the litigation economically feasible. Just because you had an unfortunate outcome from your dad's surgery doesn't mean that his care was negligent and caused his death.

Good luck in your search for these answers.

Brian Chase,

BISNAR|CHASE, Personal Injury Attorneys.
http://www.BestAttorney.com
http://www.ProductDefectNews.com
800-956-0123