Can I bring a claim if my relative has passed away or is incompetent?

Yes, a claim can still be established even if the victim is deceased or incompetent. If your loved one has passed away, his or her estate is allowed to bring a claim. If no estate has been opened, the attorneys at Scanlon & Elliott will assist you and your family in opening the estate in order to pursue the medical malpractice claim.

If your loved one is still living but is incompetent due to injury or illness, a family member who has been named Power of Attorney may be authorized to bring a claim on his or her behalf. If no Power of Attorney was established before the incompetency, or the Power of Attorney is limited in scope, we can assist you with applying for a guardianship with the Probate Court. Once named guardian, you may bring a claim on behalf of the incompetent party.

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