Recently, I wrote a letter to a hospital seeking a copy of my daughter's mental health records because the hospital had refused to speak to me telephonically, and only in writing, and had made it clear that it would be hard for me to get a copy of my daughter's records without, for example, paying fees for them. I am indigent and wrote to the hospital coveting not to sue them if they, in turn, provided me a copy of her records for free. Days later, I did, in fact, receive the records. I knew that the hospital had already committed medical malpractice prior to writing the letter, but, once I received the records, I discovered more evidence of malpractice and I now want to sue. Is my letter coveting not to sue binding?
More than likely it is not binding as no consideration was paid for that covenant.
Is your daughter a minor? If not, then generally you cannot give up her right to sue, only she can, as she would have been the injured party, not you. If she is a minor, then she can sue for malpractice, and she could get an adult other than you to act as her "next friend" (or whatever they call it in IN). Basically, it's hard to say if your daughter has a case or not. (Remember, only the injured party can sue, and your daughter apparently suffered injuries from the malpractice, not you.) Your daughter (if she is an adult) or you and your daughter (if she is a minor) need to take a copy of the letter you sent the hospital and the records to a medical malpractice attorney for a consultation.
This communication is general in nature and not to be construed as legal advice or creating an attorney-client relationship. All situations are different and you should meet with and discuss your particular situation with an attorney.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline