Friday, December 12, 2008

Can a 3rd party sue for medical malpractice on behalf of someone else without power of attorney or health prox


Can a 3rd party sue for medical malpractice on behalf of someone else without power of attorney or health prox?
Parent A is in the hospital. Child A has health care proxy & power of attorney (in addition to being the executor of the will). Child B wants to sue the hospital for malpractice (possible case, though not airtight). Child A doesn't want to sue at all. Does Child B have any right to sue on behalf of Parent A (still living at this point)?
Law & Ethics - 1 Answers

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1 :
A child cannot sue, so no. And even if they were adults, they couldn't sue either.



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