Shutterstock.com.Defense: Hospital Properly Disposed of Fetus After Miscarriage
A Miami judge found no liability against North Shore Medical Center.
July 08, 2019 at 10:45 AM
1 minute read
EMOTIONAL DISTRESS
MIAMI-DADE CIRCUIT COURT
A judge dismissed a suit filed by a married couple who claimed Miami's North Shore Medical Center improperly disposed of the remains of a fetus after a miscarriage.
Pedro Cruz and Christina Ruiz expressed an intent to bury the remains in a document submitted to the hospital, where Ruiz went after the miscarriage. Fifty days later while preparing for burial, they learned the hospital had disposed of the remains. They sued alleging intentional infliction of emotional distress.
During the trial, the hospital's counsel noted fetal remains less than 20 weeks old must by law be disposed of within 30 days. Judge Reemberto Diaz sided with the defense.
Case: Cruz v. North Shore Medical Center
Case No.: 2017-005207-CA-01
Plaintiffs attorneys: Scott W. Leeds, The Cochran Firm, Plantation, and Raphael Lopez and Sonia Roca, Lopez Roca, Miami
Defense attorneys: Eric F. Ochotorena and Isaac R. Ruiz-Carus, Rissman, Barrett, Hurt, Donahue, McLain & Mangan, Tampa
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