An individual cannot bring a lawsuit against the parties responsible for their loved one in some cases. If a loved one has died or suffered a catastrophic injury resulting in severe disability, you may be able to pursue compensation on their behalf. For patients that die due to medical malpractice, their estate can file a wrongful death lawsuit, which compensates the family for its losses.
For living but incapacitated patients, a family member may file a medical malpractice lawsuit on their behalf, and a trust will often hold the recovered amount for the care of the victim. This arrangement requires the person to be appointed a guardian. Consult with a lawyer to learn about the process of becoming a guardian for a loved one incapacitated by medical malpractice.