Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, November 23, 2009

Declared Dead and Refrigerated While Still Alive

Toe tag A North Carolina man who was accidentally declared dead, placed in a body bag, and refrigerated in Franklin County, N.C., has sued the medical examiner who allegedly ignored the suggestions of many paramedics that the man was still alive. 

A county judge ruled that the medical examiner is not protected by sovereign immunity, and the court of appeals heard arguments on the issue last week. 

See Martha Neil, Family of Living Man Declared Dead Seeks to Sue Medical Examiner, ABA Journal, Nov. 19, 2009. 

Special thanks to Ken Coughlin (ElderLawAnswers) for bringing this case to my attention.


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