- 28-Aug-2025
- Cyber and Technology Law
Minors, being under the legal age of majority, do not have the legal capacity to file lawsuits on their own. However, if a minor suffers harm due to medical malpractice, their parent or legal guardian can file the lawsuit on their behalf. The legal process allows guardians to act in the best interests of the minor to seek compensation for medical negligence or injury.
Yes, minors can file a medical malpractice case through their parent or legal guardian, as they do not have the legal capacity to do so on their own. Here are the key steps and considerations involved in filing a malpractice case on behalf of a minor:
Minors do not have the legal capacity to sue independently, so their parent or legal guardian must act as their representative. The guardian will serve as the plaintiff in the lawsuit, but the minor is the actual beneficiary of the claim.
In some cases, a court-appointed guardian ad litem (a person appointed by the court to represent the interests of the minor) may be assigned to ensure the minor's legal rights are protected.
A parent or guardian can initiate the malpractice lawsuit on behalf of the minor, just as they would for their own personal injury claims. The guardian will act as the legal representative in court proceedings.
The lawsuit must include the same elements as a regular malpractice claim—proving that medical negligence occurred, that the negligence caused harm to the minor, and that damages are owed as compensation for those injuries.
Each state has a statute of limitations (the time period within which a lawsuit must be filed) for malpractice cases. However, for minors, the statute of limitations may be tolled, or paused, until they reach the age of majority (typically 18 years old). This means the minor has more time to file the lawsuit after turning 18.
It’s important to be aware of this to ensure the case is filed within the applicable time limits.
If the case is settled, the guardian will typically manage the settlement on behalf of the minor. However, any settlement involving a minor may require court approval to ensure that the terms are in the minor's best interest.
Courts will scrutinize settlements to ensure that the child’s future needs, such as ongoing medical care or educational expenses, are properly considered.
If a settlement is reached, the guardian must seek court approval before accepting the settlement. The court will review the terms of the settlement to ensure the minor is adequately compensated for their injuries, pain, and future needs.
In some cases, the court may appoint a special guardian or attorney (guardian ad litem) to review the terms of the settlement before approving it.
The damages awarded in a malpractice case involving a minor may include medical expenses, pain and suffering, long-term care needs, emotional distress, and other related costs.
For minors, courts may also consider the potential long-term impact of the injury on the child’s development, education, and future earning capacity when calculating compensation.
In most cases involving minors, the court is actively involved to ensure the minor’s interests are properly represented and that the lawsuit is filed in a manner that best serves the child. This includes approval of settlements and sometimes overseeing the distribution of any funds awarded to the minor.
A 6-year-old child undergoes a routine dental procedure that leads to severe complications, such as nerve damage or permanent disfigurement due to the dentist’s negligence.
The child’s parents decide to file a medical malpractice lawsuit against the dentist on their child’s behalf.
The parents gather medical records, expert opinions, and evidence to support the claim that the dentist’s actions caused harm.
The parents file the lawsuit, and the case proceeds through the legal system with the parents acting as the plaintiffs.
If a settlement is reached, the court must review and approve it to ensure the compensation covers the child’s medical needs, future care, and any other damages.
The child’s guardians continue to manage the settlement funds until the child reaches adulthood, at which point the funds may be transferred into the child’s name.
Answer By Law4u Team
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