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Can I file a lawsuit for my adult child because the injury happened when she was a minor?

Poulsbo, WA |

My daughter had an unnecessary surgery performed on her when she was 17. Now that she is a legal adult, does she have to file suit or can I (her mother) - the financial obligations were mine then and any remedy for injuries now would be her expense.

Attorney Answers 5

Posted

Since your daughter has reached the age of maturity, unless she suffers from some disability which makes her incapable of handling her own affairs, any right to bring a lawsuit belongs to her. However, there are strict time limits within which such actions must be brought. these limits vary from state to state but generally range from 2 to 3 years. In New York this time period does not begin to run until the plaintiff (your daughter) turns 18, except in no circumstance can a malpractice claim be brought more than 10 years after it arose. You and your daughter should contact an experienced medical malpractice attorney immediately.

I've been litigating civil cases in New York for almost fifteen years including personal injury, medical malpractice, business disputes, construction matters and all other types of civil claims. Feel free to check my website: ajlounyinjurylaw.com or shoot me an email at neilflynn@ajlounyinjurylaw.com. None of the answers I give on Avvo are to be taken as legal advice, nor are they intended to create an attorney-client relationship. The information provided is merely general information intended to allow you make an informed decision about your situation. I hope it was helpful.

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Normally, after a child reaches the age of majority she must file her own personal injury claim. You should help your daughter find a good medical malpractice attorney as soon as possible.

This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

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You should assist your child in finding an experienced lawyer to advocate on her behalf and protect her rights.

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You can help your daughter find a lawyer by using Avvo's "find a lawyer" tool. Good luck.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Your daughter is the one who must sue since she is 18 or older. The statute of limitations has been narrowed for miniors in Washington, so be careful that her time has not expired. She should consult with an attorney right away. One issue will be what she and her parent/or guardian were told prior to the surgery, what she understood the reason for the surgery was (this is called informed consent), and then proving why the surgery was unnecessary.

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