Visitor Question

Will I get money from a lawsuit filed by my brother against my mother’s doctor?

Submitted By: (Conyers, Georgia)

My mother past away 2 years ago and I just found out my brother filed a medical malpractice lawsuit against my mother’s doctor. I was not in her will. The doctor’s lawyers told me I had to take a deposition for the case. Since I didn’t know about the lawsuit I called my brother and only then did he tell me about it.

My question is, if he wins the malpractice lawsuit will I still be left out of getting any money since I was not included in my mother’s will? Or is the lawsuit independent of the will and I will get money? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear ,

Unfortunately you may not be entitled to any money your brother will receive, either in a court verdict or in a settlement of the medical malpractice lawsuit. You’re right when you suggest the malpractice lawsuit and the will are distinct from one another.

You may have an option. The State of Georgia has a two year statute of limitations for medical malpractice. You mentioned your mother passed away two years ago. If the malpractice causing your mother’s death occurred even one day before two years as of today, you, as your mother’s daughter may be able to still file your own medical malpractice lawsuit.

You definitely need an attorney for a medical malpractice lawsuit. Most personal injury attorneys won’t charge for an initial office consultation. You really should consult with one, even if two years has expired. Your attorney may be able to find a way to include you as an additional plaintiff in your brother’s lawsuit.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 29, 2013

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