Patton ex rel. Alexia L. v. Miller

JUSTICE FEW:

The question posed in this appeal is whether a minor may bring an action for her own medical expenses. The answer depends on whether she is the “real party in interest,” and any dispute over the answer is governed by Rule 17(a) of the South Carolina Rules of Civil Procedure.

I. Facts and Procedural History

Alexia L. was born on April 5, 2007, at Piedmont Medical Center in Rock Hill. Gregory A. Miller, M.D., was the obstetrician who delivered her. Alexia’s mother—Angela Patton— filed a medical malpractice lawsuit in November 2009 against Dr. Miller and the professional association…