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