Martindale-Hubbell
Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
AVVO
Santa Clara County Bar
BBB
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association

Am I Able to Represent a Family Member in Court Who's Suffered From Medical Malpractice?

Woman With Question MarksYou 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.

Client Reviews
★★★★★
My experience with Attorney Brad Corsiglia during my recent medical malpractice case was nothing short of amazing given the very stressful circumstances. I was fortunate to find Brad highly recommended from a mutual contact and from the very beginning of the process, Brad was truly engaged and knowledgeable in understanding my case and providing input on what avenues were available to me. Michelle M.