Legal Question in Elder Law in Colorado

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,


Asked on 7/16/09, 8:07 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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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Answered on 7/16/09, 9:51 pm


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