Is there a way to stop a child from suing in my name if there's a medical malpractice? 18 Answers as of April 01, 2013

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.

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Durham Jones & Pinegar | Erven Nelson
You could sign a release which would bind your heirs.
Answer Applies to: Nevada
Replied: 4/1/2013
Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
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.
Answer Applies to: Nebraska
Replied: 3/31/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Just tell the not to.
Answer Applies to: Michigan
Replied: 2/25/2013
Hamblin Law Office | Sally Hamblin
A child cannot sue on your behalf unless a power of attorney gives them that authority. What makes you believe the child will and you need to stop it. A lawsuit needs a victim, which is you, to cooperate. If you do not want one brought, you do not say anything. You could also put in writing to that child you do not want to move forward with a lawsuit. I truly hope you are doing well.
Answer Applies to: Michigan
Replied: 2/24/2013
Curry, Roby & Mulvey Co., LLC
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
Assuming you are mentally and legally competent, no one is permitted to file a lawsuit in your name unless they have a POA or have been appointed as your legal guardian by the probate court. If suit has been filed, contact the filing attorney and advise him that you have not consented to the suit and it should be dismissed immediately. If that does not work, contact the local bar association to file a grievance against him/her and write to the judge handling the case advising that the case was filed without your permission and the attorney has ignored your demand that it be dismissed.
Answer Applies to: Ohio
Replied: 2/20/2013
    Michael Breczinski
    Michael Breczinski | Michael 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.
    Answer Applies to: Michigan
    Replied: 2/20/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Get with the medical providers and your attorney and settle any potential claim for $10.00 and other consideration and execute a full and complete release.
    Answer Applies to: Alabama
    Replied: 2/20/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian 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.
    Answer Applies to: California
    Replied: 2/20/2013
    Kevin J. Connolly
    Kevin J. Connolly | 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).
    Answer Applies to: New York
    Replied: 2/20/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    No one can sue for you as long as you're alive. You can't stand any potential for claim by spelling out your wishes in your will or by executing a release and hold harmless agreement with the dr. now.
    Answer Applies to: Connecticut
    Replied: 2/20/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    You can instruct in your Will that your estate shall not pursue any medical malpractice claims in your name. Your child may have his/her own claim for loss of your support arising out of the incident.
    Answer Applies to: Nevada
    Replied: 2/20/2013
    Sarrail, Castillo & Hall, LLP | Monica Castillo
    If you have not given anyone powers of attorney or if you do not have a conservator or guardian, then only you can sue.
    Answer Applies to: California
    Replied: 2/20/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If you are of full age and mentally competent it is all your call. Your children can do nothing without your permission.
    Answer Applies to: North Carolina
    Replied: 2/20/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    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.
    Answer Applies to: California
    Replied: 2/19/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim 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.
    Answer Applies to: Alabama
    Replied: 2/19/2013
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    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).
    Answer Applies to: California
    Replied: 2/19/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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.
    Answer Applies to: New York
    Replied: 2/19/2013
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