Am I Able to Represent a Family Member in Court Who's Suffered From Medical Malpractice?
You can sue on behalf of a family member if the family member is a child, someone under the age of 18, or if in fact the injury as a result of the malpractice caused the patient to become incompetent. In other words, that the patient suffers a brain injury as a result of the malpractice and can no longer manage his or her affairs. There are other circumstances in which you can sue on behalf of a family member.
It's important that if you suspect that a vulnerable family member has been the victim of medical malpractice, that you contact an experienced medical malpractice attorney who can review the circumstances of the care in question and determine if, in fact, there has been medical malpractice.
In cases involving children, a parent can be appointed guardian ad litem. It's the term they use to represent the child in a medical malpractice lawsuit. The same is true for an adult incompetent, someone who, for instance, perhaps suffered a stroke who should not have and cannot manage his own affairs, a family member can be appointed his guardian ad litem for purposes of pursuing a lawsuit.
If there's any question as to whether or not a lawsuit should be pursued on behalf of a family member or loved one, you should contact an experienced medical malpractice attorney who can then review the circumstances of the care and treatment and advise you accordingly.