Roberta Wilson served as personal representative (PR) for the estate of Sam Miller. During the time...

 

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Roberta Wilson served as personal representative ("PR") for the estate of Sam Miller. During the time Wilson was PR for the Miller estate, the Miller estate was involved in a medical malpractice claim against General Hospital for treatment that Sam Miller received before he died while an in-patient at General Hospital. As a first step, the Miller estate filed an arbitration claim for damages against General Hospital. The Miller estate, and PR Wilson, was represented at the arbitration by an attorney, Shirley Sachs. During the arbitration hearing, Sachs presented an offer on behalf of the Miller estate to settle the malpractice claim for $250,000.00. General Hospital rejected the settlement offer but made a counter offer to settle for $50,000.00. Sachs, on behalf of the Miller estate, rejected the counter offer. Therefore, the lawsuit was not resolved by arbitration. Sachs failed to advise PR Wilson and the Miller heirs that General Hospital made a counter offer to settle the case for $50,000. Sachs only reported that the offer of the Miller estate for settlement was rejected. Subsequently, PR Wilson filed a lawsuit against General Hospital claiming the hospital's malpractice in the treatment of Sam Miller. The case went to trial and a jury found against the Miller estate and in favor of General Hospital. Thereafter, Wilson and heirs of the estate first learned of General Hospital's counter-offer for $50,000 as settlement at the prior arbitration hearing. The Miller heirs then filed a lawsuit against PR Roberta Wilson for her failure to advise and notify the heirs of the hospital's offer of settlement of $50,000.00. Instructions: Research and analyze whether the heirs of the Miller estate will be successful in the lawsuit against PR Wilson. Explain and discuss all reasons to support your conclusion(s) in a summary to Kerr. Roberta Wilson served as personal representative ("PR") for the estate of Sam Miller. During the time Wilson was PR for the Miller estate, the Miller estate was involved in a medical malpractice claim against General Hospital for treatment that Sam Miller received before he died while an in-patient at General Hospital. As a first step, the Miller estate filed an arbitration claim for damages against General Hospital. The Miller estate, and PR Wilson, was represented at the arbitration by an attorney, Shirley Sachs. During the arbitration hearing, Sachs presented an offer on behalf of the Miller estate to settle the malpractice claim for $250,000.00. General Hospital rejected the settlement offer but made a counter offer to settle for $50,000.00. Sachs, on behalf of the Miller estate, rejected the counter offer. Therefore, the lawsuit was not resolved by arbitration. Sachs failed to advise PR Wilson and the Miller heirs that General Hospital made a counter offer to settle the case for $50,000. Sachs only reported that the offer of the Miller estate for settlement was rejected. Subsequently, PR Wilson filed a lawsuit against General Hospital claiming the hospital's malpractice in the treatment of Sam Miller. The case went to trial and a jury found against the Miller estate and in favor of General Hospital. Thereafter, Wilson and heirs of the estate first learned of General Hospital's counter-offer for $50,000 as settlement at the prior arbitration hearing. The Miller heirs then filed a lawsuit against PR Roberta Wilson for her failure to advise and notify the heirs of the hospital's offer of settlement of $50,000.00. Instructions: Research and analyze whether the heirs of the Miller estate will be successful in the lawsuit against PR Wilson. Explain and discuss all reasons to support your conclusion(s) in a summary to Kerr.

Answer rating: 100% (QA)

The heirs of the Miller estate may have a legal basis to pursue a lawsuit against PR Roberta Wilson based on her failure to advise and notify them of ... View the full answer