QUESTION

Is there a way to stop a child from suing in my name if there's a medical malpractice?

Asked on Feb 19th, 2013 on Litigation - New York
More details to this question:
I was diagnosis 19 months ago with pancreatic cancer, come to find out its actually ovarian cancer. I'm not suing nor do I want anyone else to (including a child) is there any way I can prevent them from doing so.
Report Abuse

12 ANSWERS

You could sign a release which would bind your heirs.
Answered on Apr 01st, 2013 at 2:56 AM

Report Abuse
Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
Update Your Profile
Assuming you are competent, not under a guardianship/ conservatorship and at least 19 years of age you are the only one who could sue for any medical malpractice claim. In theory, if you are married your husband could have a "Loss of Consortium" claim against the medical provider. "Consortium" means those "things to which a person is entitled by reason of the marriage relationship. It includes affection, love, companionship, comfort, assistance, services, moral support, and the enjoyment of sexual relations." This Loss of Consortium claim belongs to your husband, not you. You do not provide information as to whether your husband does have this type of claim. Therefore, while you could prevent a medical malpractice lawsuit from being filed you could not, if your husband insisted on it and did indeed suffer a loss of consortium, stop him from filing a lawsuit for his claim. Your child does not have a claim nor could they sue in you or your husband's name without your consent. However, if you pass away as a result of medical malpractice, your estate, husband, children and possibly others may have a wrongful death claim that they could bring. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Mar 31st, 2013 at 7:55 PM

Report Abuse
Ronald A. Steinberg
Just tell the not to.
Answered on Feb 25th, 2013 at 6:57 PM

Report Abuse
Michael J. Breczinski
As long as you are in your right mind then your are in charge and can decide if a lawsuit is filed or not.
Answered on Feb 20th, 2013 at 2:19 PM

Report Abuse
Christian Joseph Menard
As long as you are living, a suit cannot be maintained in any name other than your own, unless you gave the child a power of attorney or you are under some form of guardianship where the minor is your legal guardian. I would not worry about it. If the child files the suit, the doctor's attorneys will soon get it properly dismissed.
Answered on Feb 20th, 2013 at 2:18 PM

Report Abuse
Kevin J. Connolly
You cannot stop your executor or administrator from bring a wrongful death action. Unless you manage to live until 30 months post the act or omission of malpractice ('cos the statute of limitations will have expired).
Answered on Feb 20th, 2013 at 2:17 PM

Report Abuse
Monica Cecilia Castillo-Barraza
If you have not given anyone powers of attorney or if you do not have a conservator or guardian, then only you can sue.
Answered on Feb 20th, 2013 at 2:17 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
If you are of full age and mentally competent it is all your call. Your children can do nothing without your permission.
Answered on Feb 20th, 2013 at 12:14 AM

Report Abuse
Environmental Law Attorney serving Auburn, CA
1 Award
Not if the child is over 18. The child probably has a separate claim for malpractice-loss of affection, support, etc., I recommend that you consult with a personal injury attorney (one who specializes in medical malpractice) to see if there is something which can be done to stop your child from pursing a claim which is against your wishes. Or, perhaps he or she can be persuaded by a neutral family member who can help mediate the dispute with your child.
Answered on Feb 19th, 2013 at 11:48 PM

Report Abuse
James Eugene Hasser
The only way I can think of is for you to enter into an agreement to release all potentially responsible parties while you are alive. I would run this by a Probate lawyer and also an Alabama defense lawyer.
Answered on Feb 19th, 2013 at 11:36 PM

Report Abuse
Domestic Violence Attorney serving Orange, CA at Law Office of James Gandy
Update Your Profile
This is a difficult question to answer since I am a criminal defense attorney and given the information/question provided. I believe that you are asking if someone can sue for you if and when you become unable to do so by death or other condition. I will answer that question. You can now decide who would act on your behalf if you are unable to make legal decisions. This can be done with a power of attorney. The person that you choose to have your power of attorney can be limited in the choices available to them. Additionally, for death, you can choose the executor of your estate and this person can also be limited in the choices presented to them. But, it is possible that it would be in your best interests, or the best interests of your estate, to sue a doctor for malpractice. So, ultimately, it is possible to place limits on others acting for you, but it may well be that these people might have to sue for you - even against your wishes - if there is good cause for doing so (I do not usual deal with such matters, so I am unaware of the exact requirements).
Answered on Feb 19th, 2013 at 11:23 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
I think what you are asking about is that your condition is terminal and you don't want your survivors tobring suit after you pass. Here's what you can do: speak about this privately to your doctor, sign a release for all claims to him and have him pay you one dollar for that release, and your Estate will be bound. For best results, have a lawyer draw it up in advance.
Answered on Feb 19th, 2013 at 11:21 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters