Dear Judy,
I personally believe my father died because of an incompetent anesthesiologist. He had malignant melanoma, but died under anesthesia. And I think the whole family should sue for malpractice.
My problem is my stepmother who doesn’t want to sue. She says she’s too tired and sad to do anything legal like that, and also it could take years and she doesn’t want to be involved.
I have a brother who doesn’t care either way. But I could use the money. Also an injustice should be rectified.
Should I go ahead anyway and sue? It would certainly involve my stepmother, because she was at the hospital day and night, and she knows pretty well what went on. Also she knows a few doctors socially. And she’s the main heir to my father’s will.
What do you think? What would you do in my place?
Erin
Dear Erin,
You can do whatever you like under the law. Sure you can sue. You might even get punitive damages, although depending on the nature of your father’s will, these damages might well go to the estate and therefore to your stepmother rather than you.
But you asked what I would do in your place. Let’s assume your stepmother doesn’t want to be involved: that’s what she said, right? Let’s assume she is tired and sad: she also said that.
And let’s assume you personally have no proof of malpractice, because you weren’t at the hospital day and night.
I’d say in your shoes, I’d back off.
Thanks for writing
Judy
