Kidney Transplant – WTVM 9 Legal Break with Attorney Gary Bruce

Now, answering your questions about the law and legal issues this is Legal Break with attorney, Gary Bruce Hello there today, Gary with us as always, thank you so much for joining us again

Thank you We're talking about interesting topic today A story of Atlanta where young boy needs a kidney, his father is the perfect match, but his father is actually on parole and had a violation The state is not allowing the dad to donate the kidney right away Interesting, huh? Yeah, I'm surprised by that

I would have thought that we would have seen a little more compassion Although, I don't know the facts so maybe time is not of the essence Certainly you would think that there would be exceptions made The way I see the law; it breathes, it lives, it has a soul, it should allow for this kind of thing So, maybe they haven't gotten it to a judge yet

You know, you can, I'm sure somebody has petitioned the court, and maybe it hadn't been heard, and hopefully a judge will hear it and know the facts And I’m certain they can overrule an administrative decision to allow this to go forward if it's necessary to save the innocent child Yeah, absolutely And so I guess if the child doesn't make it, Gary, or you know ends up dying in this interim period, could you or would you have a legal recourse against the state? You know, I don't know whether there would be a case or not Here's what it comes down to; in the ancient times and well about 1080 the Kings and England decided that they would allow- they wanted common law

They wanted a law that was common to England- and so they started to develop what we call, common law And so, it was- it was consistent And that's what our basis here in Georgia and Alabama is, is the English common law So, under a common law states are sovereign The king was sovereign- the king could decide whether he would be sued for something, or whether he would be subject to having to pay for something done

So, there are exceptions to generally what the with the rule was, they had sovereign immunity, it was what it was called So the state doesn't get sued unless they say, “it's okay to sue” And if you want to bring such a case, it has to fall within the parameters of the cases that have recognized as susceptible to suit So, that's the answer, that’s the quick answer, which is, I don't know There's certain things you can bring a lawsuit against the state for, and certain things you can't

And if you do, just be aware that there are very strict requirements on how to file such cases There has to be notice given, there's has to be notice given to several different entities including the agencies involved, and has to be done in a timely manner, that could be as little as six months So, it's not like a normal lawsuit, there's really a lot of differences, and it's complicated Probably need to talk to a lawyer about it Yeah, absolutely

Very, very interesting topic We hope we hope the very best for this for this little boy Certainly, absolutely Thank you so much for joining us today, Gary, and we look forward to seeing in the very next, Legal Break

Source: Youtube

Kidney Transplant – WTVM 9 Legal Break with Attorney Gary Bruce

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