The possibility of having to defend one's self against a lawsuit can be daunting. But for some, such as physicians or certain small business owners, this may simply come with the territory. In the best case scenario, both sides in the lawsuit have an opportunity to fully present their side of the story and a reasonable and fair a settlement or judgment can be reached. Unfortunately, when the defendant has passed away and can no longer tell their side of story, to protect their assets, this can be more difficult.

Recently, an Arizona woman filed a lawsuit against a plastic surgeon that had treated her. She alleged he had been negligent when performing several procedures on her in 2009. Tragically the doctor was killed in a car accident in February.

The lawsuit filed by the Arizona woman is not the only suit pending against the estate. Other patients, as well as several creditors, have also commenced litigation. The bank that holds the mortgage on the doctor's house is seeking to foreclose and the owner of the building where the doctor had his practice is also suing for rent that has not been paid since his death.

The widow of the doctor says that she is not surprised by the seeming flurry of lawsuits against her late husband. She had said that she had been warned by her attorneys that old matters sometimes come out of the woodwork. She implies that many of these cases may not have merit, indicating that some may be from patients that were treated as long ago as seven years.

Without speculating as to the merits of any claims involved in this case, it is important that any person who may be at a heightened risk of litigation because of their profession, be particularly thoughtful when crafting their estate plan. It is better to craft a plan that anticipates this type of risk rather than having anyone be caught flatfooted if a lawsuit is initiated against the estate.

Source: Santa Fe New Mexican, "Plastic surgeon's estate hit with lawsuits," Tom Sharpe, Sept. 24, 2011