When a person becomes incapable of making decisions due to incapacitation, such as a coma patient, the court will appoint a guardian or conservator to make decisions for them. This person is usually a spouse or close family member.
There is a process to become a guardian unless the patient has already made this decision. An attorney can help guide you through the process so you can take care of your loved one.
Severe Injuries Can Lead to a Coma
According to Mayo Clinic, a coma is a period of unconsciousness lasting several weeks or more brought about by an injury or illness. Causes of a coma include heart attack, brain tumor, traumatic brain injury, and stroke. A coma can also be the result of a mistake made by medical personnel, for which you can file a medical malpractice lawsuit.
While a person is in a coma, they cannot make decisions for themselves, such as medical and financial decisions, creating the need for a guardian or conservator who can make those decisions on their behalf.
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What is a Guardian or Conservator?
A guardian or conservator is someone who represents the best interests of the coma patient who becomes their ward. This is also known as power of attorney. The guardian or conservator may make medical, financial, and legal decisions for them. This can also include executing a living will or a “Do Not Resuscitate” (DNR) order, which has to be signed by the patient and witnesses.
It’s possible the patient has already named someone to be their guardian in writing. But if this is not the case, the court will name a guardian.
What is the Process to Become a Guardian for a Coma Patient?
To become a guardian, you should obtain legal representation to file a petition for a hearing in the probate court, usually in the patient’s county of residence. The court will rule if the patient has the capacity to make their own decisions. In the case of a com patient, the court will likely rule that a guardian is necessary.
The guardian can be two people if both parties wish to share the decision-making. If there is no family member or friend available to be the guardian, the court can appoint a public guardian.
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How to Represent a Coma Patient in a Lawsuit
If your loved one’s coma is the result of negligence by the medical staff or facility, they may have a case to seek compensation. Because they are in a coma, they obviously cannot file a lawsuit on their own. As the guardian, you have the legal authority to hire a lawyer and file a medical malpractice lawsuit on their behalf.
In Louisiana, you have a narrow window of time to file a medical malpractice lawsuit. According to Louisiana Revised Statute § 5628, you have one year from the date of the incident or one year from the date of discovery to file a lawsuit, or you lose the right to do so.
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What Damages Can You Recover for a Coma Patient?
When a medical professional makes a mistake like putting someone in a coma, the patient racks up additional medical expenses and may lose income from missing work. This is a serious financial bind that requires rectification.
As the guardian, you can seek compensation on a coma patient’s behalf that will cover losses, including:
- Medical bills
- Lost income and benefits
- Child care
- Home Services
- Pain and suffering
- Emotional distress
- Mental anguish
- Disability
- Loss of companionship
Wrongful death damages could apply to your case if your loved one passes away, even if there is a living will or DNR. Recovering damages is about helping your ward or your family rebuild their lives if and when their coma ends. Your decisions during this time will have an impact.
Do You Want to be a Guardian?
Being a guardian is a choice, but it’s also a big responsibility. As the guardian of a coma patient, you have the power to serve as an advocate for your loved one in their time of need. That includes in court.
As a guardian, the court considers you an officer of the court, and you must provide regular reports. This can take a lot of time, and you’ll serve in this role for the duration of your loved one’s coma or until they can make independent decisions again.
We urge you to consider this decision carefully, and we will stand by you.
We Can Help You Represent Your Loved One If They Suffer From a Coma
Our law firm has 250 years of collective experience representing clients like you in medical malpractice lawsuits. Your loved one is unable to fight back because they are in a coma, but you can fight back on their behalf if you are their guardian and have their power of attorney.
We can guide you through the process of becoming a guardian, and we can handle your medical malpractice case on your behalf so you can focus on taking care of your loved one and making the decisions you need to make. For a free consultation, contact Laborde Earles Injury Lawyers today.
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