1) Unless she has been declared legally incompetent and you have been appointed her guardian by the courts, you cannot sue on her behalf. One adult cannot sue on behalf of another compenent adult, even a child, even with that person's permission. It is her claim: she has to bring it. (Obviously, you can help her, but she's the one who has to either hire the lawyer--even if you provide the payment--and have the lawyer sue for her, or else file the suit herself or "pro se.")2) It may not be worth suing: malpractice suits are very expensive. Over and above the attorney's fees (and having a lawyer is *strongly* recommended), you MUST have at least one medical expert (e.g. doctor) who examines the patient, writes a report, and if necessary testifies. That, plus any tests required, can cost several thousand dollars--medical experts do not work for free. However, the amount of money you can recover is related to the additional medical costs (out of pocket or not paid by insurance costs) incurred due to the malpractice and the severity  and duration of any harm or injuries, with only significant life impairment lasting months or longer resulting in any appreciable compensation. Therefore if, as we hope, your daughter has or is making a full recovery and the baby is fine, you and/or she could spend more on the suit than she will win. Many malpractice attorneys provide a free initial consultation to evaluate a case; you can confirm this before making an appointment. It is likely worth meeting/talking with a malpractice attorney, but be prepared that unless you daughter or grandchild suffered some serious long-lasting harm, that the case may not be economically worthwhile.