lawsuit against a doctor by another family member
My aunt is suing a doctor that
cared for my grandmother over two
years ago. My grandmother was
approximately 93 years old and
passed away. My aunt is making
the allegation a mistake by the
doctor and had my 93 old
grandmother had a serious surgery
she may have lived.
The question:
My mother and father both in their
70's want know part of the lawsuit.
My aunt has demanded that my
mother sign a letter from her
lawyer that if she succeeds in the
lawsuit my mother would not ask
for any part of compensation. She
has written my, I look after my
parents, that my mother and father
will incur legal costs unless she
signs this letter waiving her rights
to make a claim later. We have no
intention of making a claim nor do
we want any money. At the same
time it does not seem right to
waive my mother's rights based
the threat. Is my mother legally
obligated to sign a letter
renouncing her rights otherwise
she could incur legal costs from a
law suit we want no part in and do
not support. It seems frivilous, but
either way we don't want to sign
and do not want any part of it. I
hope you have enough information
to answer. Thanks,
1 Answer from Attorneys
Re: lawsuit against a doctor by another family member
Your parents cannot legally be held responsible for any costs associated with a lawsuit in which they do not participate. An exception would be if the lawsuit was brought by the estate of the deceased and your parents were heirs to a part of that estate. If the estate incurs costs, that would reduce your parents' interest in the estate. Court costs and legal expenses, however, must be borne by the person pursuing litigation, and those who do not join in are not liable for those costs or expenses.
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