Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.
If this was a government official then you would not have a cause of action unless you could prove that this was done intentionally.
The reason is that the US Supreme Court decided some years ago that government officials couldn't be sued for not doing their jobs.
If you can prove it was done intentionally then there is a slight chance you could make a case that it was a violation of your civil rights.
She told me that she saw the note about it but just didn't do the test.
Were you wanting the confirmation of the disease for a lawsuit?
Yes because of the possibility of biopsy while living could have put him on respirator for the rest of his life.
The only possible route would be a civil rights case but I can't think of how this would fit into that. You may want to contact a MD civil rights lawyer and ask.
What did the local attorney tell you?
We discussed the possible exhumation and then having test done but he didn't think the emotional and financial burden would not be worth it. Also said something about Asbestosis being diagnosed initially in 2006that the statutes had expired.
He would be correct on the statute of limitations if it was diagnosed in 2006. MD has a three year statute of limitations on products liability or personal injury cases.
That would also mean that since you couldn't file a lawsuit anyway then if you sued for a civil rights violation you wouldn't get any damages awarded.
So the only way to get a lawyer to sue would be to pay them up front. Even if you won the case the most you'd win would be getting your attorney's fees back.
Ok I guess I will have to deal with The decisions we made. Thank you for your help.
You're very welcome. I wish I had better news for you on this but sometimes it doesn't work that way in the law.
Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).