Can a hospital attach the annuities left to the executor to pay for unreasonable and unnecessary procedures to the decedent in the final days of his life?

A hospital did a biopsy of a lung lesion on a man who had end stage cirrosis of the liver and kidney disease. Can the hospital take the annuities of the decedent’s 2 adult sons to pay for the unnecessary procedure?

Asked on August 15, 2012 under Estate Planning, New Mexico


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This sounds like fraud on the part of the hospital and unethical practices by these doctors. You need to contact the medical board and file complaints and then retain an attorney to sue for assault to the patient (plaintiff will be the estate) and theories of theft in a way from the beneficiaries. A good medical malpractice attorney or civil litigation attorney will be helpful in this situation.

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