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Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5800
Experience:  20 years experience as a civil trial and appellate lawyer
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I NEED A CIVIL SUIT ON A MAJOR HOSPITAL AN AUTOPSY REPORT.

Customer Question

I NEED A CIVIL SUIT ON A MAJOR HOSPITAL FOR FALSIFYING AN AUTOPSY REPORT. THE DEATH CERTIFICATE AND AUTOPSY REPORT SHOW MAJOR DIFFERENCES AND WE ARE "NOT" SEEKING MALPRACTICE BECAUSE OF THE "SURVIVOR CLAUSE" IN THE NEW WRONGFUL DEATH ACT. HOWEVER WE WERE COHERSED BY THE DOCTORS TO GET AN AUTOPSY AND YET WE STILL ARE GETTING LIES. WE NEED A JUDGE AND ATTORNEYS INVOLVED REGARDLESS OF THE COST.
Submitted: 6 months ago.
Category: Legal
Expert:  Maverick replied 6 months ago.

Florida does not allow the decedent’s survivors to receive damages for both wrongful death and survival. While both claims may be pursued at the same time, only one type of damages can be recovered. In most cases, a case is more factually appropriate for either a survival action or wrongful death action, but not both. That said, we are not permitted to represent JA customers or to refer any particular wrongful death lawyer to them. However, the following links may help you find an appropriate lawyer in your area: ONE; TWO You cannot pick your judge. That is assigned randomly.

Customer: replied 6 months ago.
I knew that already as stated in my question. I want a civil suit to get answers I do NOT want to pursue a wrongful death case. I have conflicting autopsy and death certificate. How do I get the court to order accurate findings involving the autopsy report? I repeat.... The wrongful death survivors clause only pertains to wrongful death and or survivor benefits and I am not seeking any of that. We want a law suit filed to get into court and demand a definitive explanation for the medical examination and or change the death certificate to reflect the same as the autopsy report. This will entail suing the medical examiner, the signing doctor and the State of Florida Vital statistics.
Expert:  Maverick replied 6 months ago.

Thank you for the clarification. It appear you are wanting to file what is known as a declaratory judgment action [DJA]. Here is the law. It states in relevant part:

86.011 Jurisdiction of trial court.—The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed. No action or procedure is open to objection on the ground that a declaratory judgment is demanded. The court’s declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. The court may render declaratory judgments on the existence, or nonexistence:

(1) Of any immunity, power, privilege, or right; or

(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.

Customer: replied 6 months ago.
this is what I want. How do I proceed and what is the cost?
Expert:  Maverick replied 6 months ago.

We are not permitted to represent JA customers; but you may want to get a hold of a business litigation attorney to help you file a declaratory judgment action. They will charge by the hour; usually $200-300 per hour. If you want to try to do this yourself, here is a sample packet with forms and instructions to use as a go-by.

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