Do I have to be related inorder to sue on my friends behalf?

by **galvin** » Thu Jul 19, 2012 3:56 am

My boyfriend is suing a hospital for malpractice. He has given me power of attorney. In the event, he passes away during the lawsuit, can his girlfriend continue the lawsuit on his behalf? Unfortunately, he is an only child and his parents have passed away. Or do we need to get married for me to continue the law suit?

by **gustav** » Thu Jul 19, 2012 3:58 am

If you are suing a hospital for malpractice that could lead to his death, you definitely should not asking this question on here. You should be consulting your attorney. You NEED an attorney for a case like this.

However, in general if he passes away there are two ways to go. his estate could carry on as the plaintiff or his next of kin could file a wrongful death suit. In the latter case, you would need to be married or at least a dependent to file.

by **darik** » Thu Jul 19, 2012 4:07 am

You may sue for your own loss, if any. Note that "boyfriend" is not "spouse" and, therefore, you may have more difficulty proving your loss. If you intend to file pro se, it does not matter if you are related or not; you will not know how to win the case. Your attorney should advise you.

Your boyfriend's attorney in the malpractice case could continue the lawsuit after his death if authorized by the executor of his estate.

If he does not have a lawyer, he needs one NOW. This is not a TV show. This is real life.

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