How do I formally discover a malpractice settlement filed by the other parent on behalf of my child?
A major hospital, affiliated with a Miami university, that does pediatric liver transplants, in Miami FL badly botched a liver transplant for my daughter. It resulted in massive internal bleeding, a hole in the intestine, cardiac arrest, a collapsed lung, and coma, among other things. The mother of my child perjured herself in court to avoid the previously ordered paternity test; therefore I was not noticed in the settlement. Now the mother is enthusiastic about my child dying because she is the beneficiary of the trust in the event my daughter dies. But it's all sealed. The guardianship clerk in Palm beach county once admitted it. The clerk of court in Miami Dade County said there was an administrative order showing they went after the hospital. Now, I fear my daughter's life is in danger because the psychopath, Jessica, who is charged with providing my daughter life saving medications has a huge financial incentive not to do the same. I couldn't hold a job and became homeless for a while watching this crap. All I have left to fight for is to make sure there is no conflict of interest in my daughter's life. I have subpoenaed the hospital, her sister, her mom, DCF, the doctor and I have asked the court to disclose it to me in my paternity case. They handed down an order denying and the nonparties have not replied to subpoena... yet. I don't have a case number for the malpractice suit and I don't have a case number for the guardianship case. How the heck do I formally discover this so I can fight for my daughter's rights? From my motion in my paternity action: "Guardianship records of this type would be sealed under General Statute 39.0132. However, that statute enumerates an exception, under which the Petitioner falls: “All records shall be inspected only upon order of the Court by persons deemed by the Court to have a proper interest therein, except that, subject to the provisions of s. 63.162, a child and the parents of the child and their attorneys, guardian ad litem, law enforcement agencies, and the department and its designees shall always have the right to inspect and copy any official record pertaining to the child.” I have been established as the father, have subpoenaed the hospital, will depose my ex's family, have asked for the appointment of a guardian ad litem. Please help me. I feel like there is a bounty on my daughter's head. What can I possibly do to force disclosure and then subsequently dispute or challenge the structure of the guardianship, if a conflict of interest is present? Per Florida law, a guardian must not have a conflict of interest in the administration of the ward's affairs.
Dan, I appreciate your answer. I have done exactly that. The court has not ruled on my motion for appointment of guardian ad litem. It's not unlikely my daughter dies. 5 yr life expectancy is 48% with her disorder, ten years is like 17%. But those odds are WAY TOO HIGH for me to give up on her as a lost cause. I don't care if I never see a penny, and it would bother me if I never knew what went on. But as long as the Guardian Ad Litem does, and is not on my side or my ex's side but only MY DAUGHTER'S SIDE then I can find peace within myself
- Dan CLv 48 years agoFavorite Answer
Well what you can do if that really is the case is to petition the court to have a Court Appointed Special Advocate (aka guardian ad litem) appointed for your daughter concerning legal matters. That way the advocate will have access to all legal documents concerning your daughter including any sealed documents that concern her. Now if that is the case that your ex is knowingly placing your daughter in danger because of the funds that she would come into in the unlikely event of your daughter's death the the guardian ad litem can make a recommendation for a change in custody or a change in the structure of the settlement so there is no way your ex can financially benefit from your daughter's death.