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The Law & You

My Niece’s Medical Procedure Went Wrong. Can I Bring a Case?

The Law & You
January 2, 2018

The Law and You

My Niece’s Medical Procedure Went Wrong. Can I Bring a Case?

A viewer’s niece is in a coma after a routine medical procedure went awry. Although the parents don’t want to do anything, is it possible for the uncle to bring a case? Medical malpractice lawyers Greg Fellerman and Ed Ciarimboli explain.

Dave Kuharchik: It’s time, once again, for “The Law & You.” Back with us today attorneys Greg Fellerman and Ed Ciarimboli. Gentlemen, thanks for being here.

Ed Ciarimboli: 2018 is starting off pretty good.

Greg Fellerman: Thanks for the coffee Dave. You’re the best.

Dave: Yeah. It’s a good start to the year, some great coffee for Greg over there.

Greg: Keeps me going. I’m a high energy guy.

Dave: Obviously. Here’s our question tonight. Bill in Carbondale says, “My niece recently had a routine medical procedure that went bad. She is in a coma. Her parents don’t want to do anything. Can I bring a case?” What do you recommend?

Ed: Yeah, so Bill this is a really unique situation and one that we’ve actually encountered this, not often, but we have encountered it in the past. What you can actually do is you can petition the court to have appointed what’s called a “Guardian Ad Litem” for your niece especially, I’m assuming she’s under the age of eighteen. If a “Guardian Ad Litem” is appointed then that’s somebody who can act on her behalf in this incapacitated condition. “Ad Lightum” means for litigation purposes. It’s a really specialized situation. I think we’ve only done it maybe once or twice.

Greg: We do it in exact or similar situations where someone’s incapacitated. Sometime, some folks just aren’t assessing because they’re so caught up in what they’re dealing with, the parents maybe, and they don’t understand that the legal clock could be ticking. Sometimes, it helps if people on the outside kind of get involved. Other times we’ve seen, with “Guardian Ad Litem,” when someone’s in a car wreck and the parent’s are killed and you’ll see someone step up and, same thing, where they come in and help advocate on their behalf. Lots of issues, it’s very complex, you need to get a lawyer.

Dave: Those who want to talk to a lawyer and want to reach you guys, how can they do that?

Greg: Give us a call 570-714-HURT see us on the web at

Ed: This is going to be the year of the Snapchat and Instagram questions.

Dave: It’s going to happen.

Ed: We’re feeling it.

Dave: Results matter attorneys Greg Fellerman and Ed Ciarimboli. Guys we’ll see you again next time.

Ed: See you later Dave.

Dave: and “The Law & You ” hotline are there for you.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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