Suing for death of infant
I lost a child in the course of delivery due to negligence of a doctor. I want to sue the hospital and the doctor but am getting advice that it is impossible for an adult to sue for death of an infant because only an executor or administrator of the deceased estate can file suit for death and since the infant left no property it cannot have an executor or administrator of the estate competent to file a suit. Guide me if this position is right.
JT, Lindi
The guidance is wrong. Section 3 of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act [Cap.310 R.E 2019] gives the right to file a suit for death of any person including death of an infant caused by a wrongful act or omission of a hospital. Section 4 of the Act gives guidance that a suit for claim of damages for death caused by a wrongful act or omission of another can be filed in the name of an executor or administrator of the deceased estate or a dependent of the deceased. Section 2 defines the term ‘dependent’ broadly to include a mother such as you suing for the death of an infant, grandmother, grandfather, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-sister and half-brother.
You thus have the right to file a suit against the hospital and the doctor because you are covered under the definition of the term dependent. The term ‘dependent’ in section 2 of the Act does not have the ordinary meaning of being dependent on the deceased. It only connotes the relationship between the deceased and the plaintiff. Due to your relationship with the deceased you fit to be a dependent capable of suing the hospital and the doctor for the death of your infant caused by negligence of the doctor.