Return to main website

Man Goes to Court to Fight His Own Impending Autopsy

November 6, 2008

A man anticipating death from a rare form of cancer caused by inhaling asbestos is challenging the constitutionality of a court order requiring his body to be autopsied as a condition of his estate being paid a settlement.

 

James Ross, 71, objects to the procedure on personal moral grounds, said his attorney, Matthew Bergman of Bergman & Frockt in Seattle.

 

Bergman, interviewed prior to his appearance in court last week to argue the case, said mandatory autopsies have been a standard requirement of asbestos settlements dating to a 1984 Washington state court rule. The rule does allow exceptions for “religious or ethical considerations,” but Bergman contends that is unconstitutionally vague. Ross v Saberhagen Holdings Inc., No. 08-2-02434-2 SEA (King Co., Wash., Super. Ct.).

 

“We want the rule declared unconstitutional,” Bergman said. “Autopsy is very invasive; no one should have to do it if they don’t want to.”

As part of his pleadings, Bergman found cases of plaintiffs diagnosed with mesothelioma who were exempted from the autopsy requirement because of their religion.

 

Read Article: Law.com

 

Posted By: Phoenix DUI Attorney

No Comments »

No comments yet.

RSS feed for comments on this post. TrackBack URL

Leave a comment

Name (required)

Mail (will not be published) (required)

Website