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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32914
Experience:  Began practicing law in 1992
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My husband passed Away 12/25/12. I specifically asked the Maryland

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My husband passed Away 12/25/12. I specifically asked the Maryland Medical Examiner to perform a Mesothelioma test at autopsy. The M.E. didn't perform the test. We knew he had asbestosis and suspected Mesothelioma but due to his poor lung condition decided that upon his demise the test would be performed. Do I have a case against the M.E.?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

If this was a government official then you would not have a cause of action unless you could prove that this was done intentionally.

JD 1992 :

The reason is that the US Supreme Court decided some years ago that government officials couldn't be sued for not doing their jobs.

JD 1992 :

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.

Customer:

She told me that she saw the note about it but just didn't do the test.

JD 1992 :

Were you wanting the confirmation of the disease for a lawsuit?

Customer:

Yes because of the possibility of biopsy while living could have put him on respirator for the rest of his life.

JD 1992 :

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.

JD 1992 :

What did the local attorney tell you?

Customer:

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.

JD 1992 :

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.

JD 1992 :

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.

JD 1992 :

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.

Customer:

Ok I guess I will have to deal with The decisions we made. Thank you for your help.

JD 1992 :

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.

JD 1992 :

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.

Dwayne B. and 2 other Legal Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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