Legal Question in Medical Malpractice in Virginia

spouse's rights

A married spouse living apart for for 5 years, who lives in another state. What are they intitled to in a medical malpractice lawsuit, and

are they needed in anyway to bring a lawsuit or can the one spouse initiate it themselves??

Background:

couple still legally married 32 years

wife lives in NY

husband moved to VA in July, had emergency triple bypass

and hospital caused complications, after being in coma is

coming around now

Just want to know legal rights of wife if she is intitled to any proceeds from a lawsuit and if she is needed to pursue one.

Thanks


Asked on 9/16/05, 8:08 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: spouse's rights

Answers:

(1). The wife would not be entitled by virtue of her marriage to any part of an award from a malpractice lawsuit initiated by the husband.

(2). In order for the husband to initiate such a suit, the wife's presence, permission or participation would not be required.

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Answered on 9/16/05, 8:18 am


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