Liver Disease Allegedly Impaires Patient’s Ability to Revise Will
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Case Overview
This case involves a patient with end stage liver disease and HCC, who had been prescribed Lactulose. The patient lived for more than a year after being diagnosed with HCC. Some months prior to death, the patient contacted a public notary to aid her in witnessing her revised estate and will planning, which removed one of her children from receiving an inheritance. The one who was removed from the will had no relationship with the patient, and did not visit her during the final years of her life. The person who was removed from the will disputes the changes and believes the woman was not of the capacity required to make these revisions. The attorney required review by a hepatologist to determine if this woman, who had been prescribed Lactulose, was more likely than not, coherent, cognizant and mindful of the revisions she had made to her will and estate plans. This woman continued, working and living independently for several months after revising her will.
Questions to the Gastroenterology expert and their responses
How often do you prescribe Lactulose to patients with end stage liver disease?
Currently, over 200 of my patients are on lactulose.
Are these patients generally capable of making informed decisions, so long as they are following their Lactulose regimen?
Whether a patient is capable of making informed decisions on lactulose depends on the specifics, but, based on the information provided here, I do not see why the patient wouldn't be able to.
About the expert
This highly qualified and board certified expert has over 10 years of experience as a specialist in gastroenterology and hepatology. He holds a B.S. and a M.D. from the American University of Beirut. He also finished a fellowship in Gastroenterology at St. Luke's-Roosevelt Hospital. A member of both the American Gastroenterological Association and the American Liver Foundation, he has been recognized as one of America's Best Doctors from 2010-2013. He currently works as Medical Director of the Liver Center for a university hospital system and Associate Professor of Medicine at a major medical university. His clinical and research interests span viral hepatitis including HCV and HBV infection, hepatocellular carcinoma, and alcoholic liver disease.

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About the author
Joseph O'Neill
Joe has extensive experience in online journalism and technical writing across a range of legal topics, including personal injury, meidcal malpractice, mass torts, consumer litigation, commercial litigation, and more. Joe spent close to six years working at Expert Institute, finishing up his role here as Director of Marketing. He has considerable knowledge across an array of legal topics pertaining to expert witnesses. Currently, Joe servces as Owner and Demand Generation Consultant at LightSail Consulting.
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