Miami, FL asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida

Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who we wanted nowhere near her, had been seeing her those 3 days after we said that we'd get a restraining order to keep him away from her. The staff said that she was choking and her heart stopped. How could she be in a hospital and get no assistance before it made her turn blue and what did the banned doctor do those 3 days after we requested that he stay away from her?

2nd problem- my family bought 4 cemetery plots in 93, two of them are used last was my grandmother in 2000. Now a 3rd needs to be used and they say there's no room. They failed to install cement liners to keep the space available, now they offer only another 2 spaces 5 feet away instead of being buried next to her parents.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family and the cemetery; it appears that the cemetery might have breached the contract. But proving money damages may be difficult.

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