Legal Question in Medical Malpractice in New York

If your Mon had a will, the Executor of the will can be substituted as the plaintiff. If there was no will, the Surrogate's Court can appoint someone to be substituted. The question is whether there is still a viable case without your Mom being able to testify at trial. If she was deposed, her testimony is admissible at trial.

I do not practice in United States. It really sound strange for the court to close the case on the ground that you are too young to represent. Under such circumstances, it should be such that the court should appoint a guardian for you to look into your interest. The lawsuit cannot abate on that ground. You have not given your age

If you have correctly understood that the lawsuit has been closed because of your age, in my opinion, you should approach the Child Welfare Commission in Newyork to look into the matter and appoint a guardian to represent on your behalf who would further engage an attorney. In the alternative, do not hesitate to write to Human Rights Commission or UNO - Child Welfare

I don't hink the case was closed on account of your mom's death. A case lives on, after the death of the plaintiff, either through the executor of the estate (if there was a will) or through a Public or other Administrator. Make an appointment with the attorney handling the case and ask for a complete explanation. Best, M. E. Zuller

In a medical malpractice case, if the plaintiff dies in the middle of the action, as long as she has been deposed, the case is typically positioned to continue. If she was not deposed I would have to review the merits of the case. Your case is probably not closed. You must be appointed as the executor of you mother's will. If she has no will you must go to surrogates court and be appointed as adminstrator to continue the lawsuit.

We have handled many cases involving the appointment of executors or administrators in medical malpractice cases. Call me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free consultation. You can also visit us on the web at www.1800wefight.com.

I look forward to speaking with you and fighting hard for your rights.