Legal Question in Medical Malpractice in Illinois
Malpractice suit against estate
Scenario: A lawsuit is filed in PA against the estate of a physcian who is deceased. If the plaintiff wins a substantial amount in the case and any judgement exceeds the amount in the estate or any malpractice insurance - what happens? The physician does not have a living spouse. Are any remaining heirs to the estate responsible for any legal fees, judgements, etc.....
1 Answer from Attorneys
Re: Malpractice suit against estate
If you believe you have a malpractice case, you need to speak with an attorney as soon as possible.
Your question concerns the "collectible" portion of a judgment. This is one factor a malpractice attorney considers when they decide whether to take a case.
As a practical matter, it is rare to seek collection of amounts beyond the policy limits.
If you have a good case and don't pursue it, you get zero.
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