Can a mom sue for medical malpractice regarding her adult child?

Asked on September 16, 2013 under Malpractice Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Assuming the adult child is competent, the adult child should  file the lawsuit himself / herself.

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing the lawsuit, it may be possible to settle the case with the doctor's malpractice insurance carrier.  If the case is settled with the doctor's malpractice insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the doctor's malpractice insurance carrier, the lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or the plaintiff will lose his / her rights in the case forever.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Assuming the adult child is competent, the adult child should  file the lawsuit himself / herself.

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing the lawsuit, it may be possible to settle the case with the doctor's malpractice insurance carrier.  If the case is settled with the doctor's malpractice insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the doctor's malpractice insurance carrier, the lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or the plaintiff will lose his / her rights in the case forever.


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