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Malpractice Lawyer’s Request to Exhume Body is Denied in Jacksonville Malpractice Case

In a 2-1 decision, the 1st District Court of Appeal denied a medical malpractice lawyer’s request in a Jacksonville malpractice case to exhume the decedent, a Jacksonville philanthropist, who was buried four years ago. Central to the Florida court’s opinion is that the plastic surgeon defendant has conceded medical malpractice caused the victim’s death.

Given the stipulation that medical malpractice caused the patient’s death, I think this is a good decision. I think we should be reluctant to exhume bodies unless it is absolutely necessary.

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