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Thursday, December 13, 2001

Suing the Dead

A few years ago, Cynthia (my mother) handled a baby delivery that had complications resulting in a damaged child. The parents sued the hospital, and in the course of the hearings it was established that Cynthia had done all she could (no doubt) and was not at fault, and she was dropped from the case. (The case continued for a while, though, since other people who were needed to assist arrived late, without the necessary equipment, etc.., etc.., but I believe in the end the case was lost or dropped since everybody had done what they could under the circumstances.)

So now that Cynthia is dead, the suit has been re-filed in another county, against her personally, and the hospital for whom she was working and through whom she had her insurance is happily denying any involvement. My stepfather never bothered to put her "estate" through probate since it only consists of their joint account and their home, and he now comes to find that the plaintiff's attorney has somehow had himself declared the executor of Cynthia's estate (i.e., of my stepfather's bank account and home).

I doubt the plaintiffs will get a dime, because the lawyers will have cleaned my stepfather out before this is over.

Kind of late in life to have to start all over again.

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Simon Funk / simonfunk@gmail.com