May 28, 2008

Who is considered a child under Florida's Wrongful Death Act?

When there is a wrongful death in Florida, a spouse and minor children can recover damages for mental pain and suffering and for lost parental companionship due to a parent's death. Under Florida's Wrongful Death Act, a minor child is defined as a child under 25 years of age. If there is no surviving spouse or the decedent was divorced at the time of death, then adult children can recover damages for mental pain and suffering and lost parental companionship. There is an exception for medical malpractice cases in Florida. A person must be survived by a spouse or minor children (under the age of 25) to recover damages for mental pain and suffering and for lost parental companionship.

Wrongful death cases can be quite complex and and it is important to obtain the advice and representation of a Jacksonville Florida personal injury lawyer to pursue damages resulting from the negligence of another person, business, or medical provider. You can read more about Florida's Wrongful Death Act at the Florida Statutes Official Website.

Posted by David A. Wolf | | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Crimes Against Children , Funerals , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Statutory References (Florida) , Train Accident & Injuries , Trucking Accidents , Wrongful Death

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January 23, 2008

Human Body Parts Defendant Takes Deal in Criminal Case

A dentist who moonlighted in selling body parts has taken a deal in a criminal case in Seattle, Washington. Apparently, Michael Mastromarino plundered body parts from corpses without the permission or knowledge of the families of the decedents. One of the corpses was Alstair Cooke, former host of Masterpiece Theater, who died in 2004. Dr. Mastromarino made millions along the way.

dead

Unfortunately, there was no screening for diseases or other details and many patients received tissue and body parts from unchecked and unscreened corpses. In Florida, I have represented families in cases involving the tortious (wrongful) interference with a dead body. Florida has some cases and laws in place that address these unique cases. I would have had a field day suing Dr. Mastromarino for his reckless and indifferent conduct. You can read more about this story at the Seattle Times website - Suspect to Take Deal in Body Parts Case.

If you have a question about the practices of a funeral home, cemetery, or medical provider with regards to the handling of a body, please contact David Wolf - Attorney - Wood, Atter & Wolf, P.A. at (904) 355-8888.

Posted by David A. Wolf | | Email This Post

Posted In: Crimes Against Children , Funerals

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March 11, 2007

Florida Tortious Interference with a Body: Child's Death

There is nothing worse than the loss of a child. Many Florida parents and other parents across the United States have gone through the grief process when a child dies. When an infant or a child dies, it is important for parents and families to go through a grieving process which includes a proper funeral, memorial, and burial if desired. Florida law allows families to recover damages when there is a tortious intereference with a dead body including the bodies of children. This is a special area of law that has many specific requirements in order to qualify as a viable and winnable case. In particular, the family must prove that there was reckless or wanton misconduct on the part of a funeral home, hospital, or another entity. In Gonzalez v. Metro Dade County, a family sued a hospital since the hospital mistakenly switched bodies. In turn, the family mistakenly buried and mourned for the wrong body. The family sued. Unfortunately, the case was thrown out since the family did not allege a case for reckless conduct. The family argued that negligence was enough to pursue a case of this nature. The Florida Supreme Court in following other cases on point disagreed with the family and affirmed the trial court's decision to throw the case out. I have personally handled cases of this nature and understand the pitfalls and requirements of Florida law. There is a cause of action when properly pled and supported by the right facts to pursue a case with the tortious interference of a dead body when dealing with a child or an adult for that matter. When pursuing a case of this nature, it is important for the attorney to have a keen awareness of the law and facts on point.

Posted by David A. Wolf | | Email This Post

Posted In: Funerals

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