THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 Issue XX Tetzaveh WHO IS ENTITLED TO THE MALPRACTICE BENEFIT OF A MARRIED WOMAN? Settled claims as they relate to inheritance. By Rav Dovid Grossman, Rosh Bais HaVaad L’inyonei Mishpot, Lakewood
In a very unfortunate situation, a woman was admitted to the hospital to undergo a medical procedure. The procedure was performed unsuccessfully, and the woman passed away. After a few months, the husband hired a lawyer to sue the hospital for medical malpractice. The hospital wanted to settle with the husband and offered him $800,000, of which roughly $300,000 would go directly to the lawyer and the remaining $500,000 to the husband.
The husband did not have the greatest of relationships with his children, and except for the lawyer’s portion, intended to keep the entire sum to himself. Now the father was asking them to sign off on a release that the hospital was requiring in order to settle with the father. The children felt that they were entitled to a portion, or all of the payment, and inquired from Bais Din what would be the halachic ruling in this case. They did not wish to cause conflict with their father if they didn't have a halachic right. They wanted to know if they had a right al pi halacha. Who should receive these monies?
In a very unfortunate situation, a woman was admitted to the hospital to undergo a medical procedure. The procedure was performed unsuccessfully, and the woman passed away. After a few months, the husband hired a lawyer to sue the hospital for medical malpractice. The hospital wanted to settle with the husband and offered him $800,000, of which roughly $300,000 would go directly to the lawyer and the remaining $500,000 to the husband.
The husband did not have the greatest of relationships with his children, and except for the lawyer’s portion, intended to keep the entire sum to himself. Now the father was asking them to sign off on a release that the hospital was requiring in order to settle with the father. The children felt that they were entitled to a portion, or all of the payment, and inquired from Bais Din what would be the halachic ruling in this case. They did not wish to cause conflict with their father if they didn't have a halachic right. They wanted to know if they had a right al pi halacha. Who should receive these monies?
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