My mother doesn't want to file a medical malpractice lawsuit for my brother who passed away under a doctor's care. Since by law, she is next of kin and would be the only one who can file, would I be able to petition to the court to be appointed personal representative of my brother's estate so that I can file? How would I go about doing this and how long would this process take?
Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.