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Can I file a medical malpractice suit on behalf of my fiancee in the State of Illinois if we are not married yet?

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Can I file a medical malpractice suit on behalf of my fiancee in the State of Illinois if we are not married yet?

Attorney Answers 5

Posted

Why wouldn't your fiancee file the suit on his/her own behalf? Is your fiancee disabled to the point that he/she needs a guardian appointed by the Court?

At least in Michigan, not being married, you would have no seperate right of recovery. Perhaps if he/she was "disabled" and you were appointed his/her guardian, then you could stand in your fiancee's shoes and file a suit on their behalf.

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Posted

Generally, no.

First off, don't try to even think about doing this yourself. Get a lawyer to review this matter--NOW!

Delay is never a good thing and neither is trying to play lawyer in a high stakes game like this.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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1 comment

Judy A. Goldstein

Judy A. Goldstein

Posted

Asker - Unless you are an attorney, you cannot file any action on behalf of another person.

Posted

Under general principles of law, unless you have some relation to her recognized by law (other than fiance), you have no legal standing or power to bring a civil suit on her behalf. Parents can bring suits on behalf of their minor children, conservators or guardians on behalf of conservatees or wards, but not fiances on behalf of their fiancees.

Not legal advice as I don't practice law in Illinois. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds Illinois licensure. That's not me.

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Posted

She would have to file the action in her own name. Hire an attorney. I would be happy to discuss the matter with you free of charge.

J. Younes
(312)372-1122

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Posted

Unless he/she is under some legal disability, they'd have to file in their own name. If he/she is, then whoever has been, or willl be, appointed guardian will have standing to file suit. Until, then, you cannot. If you beleive there is a viable med mal claim, then he/she/you needs to contact an attorney immediately as there are stringent filing requirements. Obtain a free consultation with an experienced attorney sooner rather than later. www.galivanlaw.net

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