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

Asked over 1 year ago - 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)

  1. Bruce Clement

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . 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... more
  2. Neil P. Flynn

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . 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... more
  3. Scott J. Corwin

    Pro

    Contributor Level 18

    4

    Lawyers agree

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

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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
  5. John Joseph Greaney JR

    Contributor Level 1

    2

    Lawyers agree

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,773 answers this week

2,761 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,773 answers this week

2,761 attorneys answering