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Do I need to open an Estate to file a mal practice/wrongful death suit on behalf of my father? He lived in Ohio.

Parkersburg, WV |

Does the person opening the Estate have to be living in Ohio?

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Attorney answers 3


The person would open it in the county where your father died.

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this in no way answers my question(s). My father died in a hospital in Pa not Ohio. The suit would be against the hospital where he was being treated before he was life-flighted to a Pittsburgh hospital where he ultimately died.


This question is somewhat dependent on the laws in the State that you reside. Generally, yes, and Estate must be opened to pursue a malpractice/wrongful death lawsuit, and generally, the "personal representative," must reside in the State in which the Estate is opened, which again is generally where the decedent resided. There are some exceptions. You should consult with an estate lawyer on these issues.

Brenda Marie Johnson

Brenda Marie Johnson


If you believe your father was a victim of medical malpractice, you should contact a lawyer as soon as possible. Most states, including Ohio, provide you with relatively little time in which to file medical malpractice claims. Ohio also requires an estate to be set up in order to bring medical malpractice/wrongful death claims. The time it takes to set up an estate, can cut into the time available to file a lawsuit.


I'm gathering from your question and your follow-up to the responses so far that your father was living in Ohio, but received negligent treatment in PA. This raises some fairly complex questions that are best answered by an attorney with experience with Pennsylvania and Ohio law. Depending on your circumstances, you may have as little as one year from the date of treatment to seek a recovery, at least with certain aspects of your potential claim. If you think there is a case, you should contact an Ohio or Pennsylvania personal injury attorney as soon as possible.

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