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

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?

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

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

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?

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