How do I remove my name from lawsuit that was filed 9 years ago on my behalf as a minor, by my now deceased mom’s husband that I knew nothing about?

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How do I remove my name from lawsuit that was filed 9 years ago on my behalf as a minor, by my now deceased mom’s husband that I knew nothing about?

I just turned 18 and live withw my dad, who got 50/50 custody and primary residency about 11 years ago. About 1.5 years later, my mom, who got remarried, unfortunately died during a botched endoscopy procedure. Unbeknownst to me or my older brother (our ages were 8 and 12 at time of mom’s death), a wrongful death lawsuit was filed by my mom’s husband. He followed his attorney’s advice, and listed my brother and I, in a lawsuit. 1 by 1. The attorney failed to follow through and the hospital was let off with predjudice.

Asked on August 16, 2012 under Malpractice Law, California

Answers:

Mark West / Law Offices of Mark West

Answered 8 years ago | Contributor

It sounds like you were added as nominal defendants, who are actually plaintiffs in result, but would not have been represented by the husband's attorney.  Were you or was anyone served with the complaint on your behalf?  You can't really be taken off the lawsuit as it was filed and cannot be changed.  However, are you looking to do something else about the matter?  I'd be interested in knowing more information.  Please feel free to contact me.


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