Legal Question in Civil Litigation in Massachusetts

I have a sister that is very ill and has no quality of life. Doctors have approached the family about starting a procedure to end her life. The family refused as she is not dying but there is nothing doctors can do for her. I have been there with my sister for almost a year without interruption. However, I stopped going to see her for two weeks to force her two children into being more involved. The children did not visit their mother regularly. I was listed as a second proxy but refused to make a decision regarding her care two weeks prior to the hospital filing court action. I did this because I felt this decision should have been made by her daughter. The daughter stated she was no where around and directed the hospital to me in her absence. I knew the daughter was around but was refusing to participate. To make a long story short, the hospital filed a false affidavit to the court stating I did not participate in my sister's care and refused to let them treat her for pain. The hospital social worker stated all family members abandoned my sister and this was not true. I have notes, video, recorded conversations of meetings to prove i was there for my sister up to two weeks before the court hearing. I explained to the doctors and nurses my reason for backing off as I wanted to force the children into going to see their mother. I visited twice during this time and continue to call to check on my sister. I explain to the director of social work, if the children did not come forward to take care of their mother, I would step forward as the guardian. However, I did not want to be a co-proxy or co-guardian with her children. I was furious with them for their lack of involvement. I was not notified of the court date. If I can prove false statements were made against me in court, is this grounds to sue for defamation of character, slander and/or libel?


Asked on 7/27/10, 11:28 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I am very sorry to hear about your sister's current condition. Your question is a little confusing because you admit that you refused to act as your sister's health care agent, and are also mad because the hospital is trying to trying to find someone to come forward as guardian. This is entirely fact specific and potentially incredibly private, and you should really schedule an appointment with an attorney.

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Answered on 8/02/10, 6:42 am


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