Breast Cancer Advice Center

How much does a low venous oxygen saturation affect judgement?

When brought to the ER with liquid in her lungs (pleural effusion as a result of terminal metastatic breast cancer) my late wife's venous oxygen saturation was measured as 46% (as recorded on hospital file). Just then, in my absence, a relative got her to sign a will and now claims it's valid. Less than two days later she died, but had time to tell me that she shouldn't have signed anything when she was feeling so 'agitated'. I calmed her, telling her I would take care of it, and not to worry. Does anyone out there have the medical know-how to tell me whether I am well founded in contesting the will, and that its worthwhile (despite my state of bereavement) to start looking for lawyers and expert witnesses? A note for "biomed": You may have jumped to conclusions - as father of our infant daughter, I have to make sure that her mother's bequethment to her is protected. As much as I would just like to say 'to hell with this head-ache', I am motivated by parental responsiblity, rather than greed, to find a just solution.

Public Comments

1. Was the signature notarized? If not, it may not be legal. Assuming it was - I think you certainly could argue that your wife was not of sound mind when she signed that document. You have the medical records to back you up. 46% is very low and can cause confusion. You also said mets breast ca - did she have brain mets? If so - there's another claim that perhaps your wife was not of sound mind. I also assume she was on pain meds - again, I would question whether or not she was of sound mind.
   
   I'm not a lawyer, but I am a health care provider who all too frequently sees "well meaning" relatives crawl out of the woodwork when someone is on their death bed, especially when there is money involved. You never see these relatives when these patients really are very sick and could use them to help get them to appointments or just be there for them.
2. 46% oxygen saturation is very low. Painkillers administered to a dying person might also be a factor in her being coerced into signing something she didn't intend to do.
   
   All the various circumstances you have mentioned makes me think that a good lawyer with experience in contesting wills would have no trouble getting this evil relative's "signed on the death bed will" thrown out, assuming that you were married for a significant period of time to your wife and that you and your wife had a consummated and loving long term relationship during which you were not cheating on her and not involved in any other weird or criminal behavior that might work in the favor of this relative. You don't say how long you were married.
   
   I'd be interested to know the motive of the relative - money or something more sinister.
3. 46% oxygen saturation only meant that not enough oxygen is delivered to all parts of the body including the brain thus: resulting to delirium and/or confusion. there is a possibility that this will is not valid and for a relative to have her sign something while she's in the middle of sufferring..is just sneaky. i feel sorry for your wife because it seemed that all of you are just after her financial value. grieve first and then investigate on this later...meanwhile ask her doctor about her status at the day when she signed the papers. maybe she was given resp treatments and her o2 sat that time was up to 92%. or up..hope none of you will get anything from her estate...both of u are greedy...i truly feel sorry for her.
4. Just one note of caution -- 46% O2Sat is very low for ARTERIAL blood, and would be worrisome. For VENOUS blood, it's normal and not of concern.
   Make sure you have the right one!!