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Sunday, July 14, 2024 | Back issues
Courthouse News Service Courthouse News Service

Doctor Can’t Exhume Liposuction Patient

(CN) - A man who died of a heart attack after liposuction should not be exhumed at the request of the doctor to test the patient for drug use, the Florida Courts of Appeal ruled.

Shari Beth Gottlieb sued Dr. Mohamad Samiian after her 32-year-old son, Martin, died of a heart attack hours after his liposuction.

Samiian filed a motion to disinter, citing unnamed sources that alleged Martin had used street drugs.

The administrative law judge granted the motion after Samiian's expert witness claimed he could tell if Martin had used drugs by testing his hair.

On appeal, Judge Kahn quashed the motion, citing irreparable harm that would be done by exhuming Martin. Kahn wrote that the cause of death was not at issue.

"The showing by Dr. Samiian's affidavit concerning Mr. Gottlieb's use of drugs is about as thin as any showing could be," the judge ruled. "The affidavit does not reveal the source of the information ... the street drugs allegedly used, or their effect, if any, on Mr. Gottlieb's health before the surgery."

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