Neil Dymott Hudson APLC attorneys Amanda Montgomery and Clark Hudson successfully defended a medical oncologist against claims of aiding and abetting financial elder abuse and breach of fiduciary duty—prevailing after a weeklong jury trial.
The lawsuit stemmed from a 2020 letter authored by the physician regarding the cognitive status of his patient, Charlie Frazier. Although the letter was later used by third parties to support changes to Mr. Frazier’s estate plan, a probate court ultimately found those individuals—not the physician—responsible for undue influence and financial elder abuse, awarding $118,305 in double damages against them.
Despite that finding, the plaintiff sought $367,311 in attorneys’ fees and costs from the physician, arguing that the incapacity letter was the foundation of the underlying trust litigation. Amanda and Clark demonstrated their client had no knowledge of any wrongful conduct, no involvement in the trust documents, and no financial interest in the estate. They established that the letter was a neutral medical communication, not evidence of any intent to facilitate wrongdoing. After hearing the evidence, the jury agreed and returned a complete defense verdict, rejecting all claims against the physician.
This case and result highlight Neil Dymott & Hudson’s ability to navigate complex elder‑abuse allegations, defend medical professionals against misuse of clinical communications, and secure favorable outcomes in high‑stakes litigation.
