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Joe Jackson Gunning to Sue Over MJ's Death

danae85

danae85

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Joe Jackson is trying to force UCLA to hand over all of their medical records on Michael Jackson -- because daddy is looking to sue whoever is responsible for killing his son ... according to documents obtained by TMZ.

TMZ has obtained documents that Joe filed today in L.A. County Superior Court -- in which he claims, "The UCLA records will permit [Joe] to determine with medical experts and then present to this court, how much support [Joe] needs to pay for the prosecution of his wrongful death action against those responsible for his son's death."

Michael was transported to UCLA on June 25, 2009 -- where he was pronounced dead on arrival.

Joe says in the documents that Michael was already dead when he arrived at UCLA so there is no physician-patient privilege for a dead man.

Joe Jackson filed the papers in the Michael Jackson estate case -- responding to the Estate's opposition to Joe's motion for Michael's medical records. Joe claims the estate has refused to file a wrongful death lawsuit on his behalf and it is costing him money.

According to his legal docs, Joe thinks the medical records will show what really happened to Michael, and that will help Joe determine how much he'd be able to collect from those responsible for Michael's death.

Read more: http://www.tmz.com/#ixzz0e33XI5Ha
 
Didn't the Jackson family have their own autopsy done? Or does Joe still don't know the results of the suppose 2nd autopsy, like he told Larry King a few months ago? Which make no sense to me!


This is so frustrating!
 
Joe says in the documents that Michael was already dead when he arrived at UCLA so there is no physician-patient privilege for a dead man.
Click to expand...


the most important info
 
Dig Joe, dig. All he can do is find information. The executors of MJs estate have been blocking Joe from finding out info on what and who killed Michael.
 
bluetopez said:
Didn't the Jackson family have their own autopsy done? Or does Joe still don't know the results of the suppose 2nd autopsy, like he told Larry King a few months ago? Which make no sense to me!


This is so frustrating!
Click to expand...

if the family did perform one they would have asked the executors to pay by now . I'm 10000000000000% sure no second autopsy was performed .

and at this stage it is the worst decision joe could make to file a lawsuit against murray and AEG . because AEG will hire investigators and dig u every prescription drug written for MJ since he was born . and then Murray's defense would use these documents as evidence to make his defence .

and who has the right to file for wrongful death lawsuit? is not it the estate or the people who represent MJ legally ?
 
marebear said:
Is it just me or this sounds so cold.
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Joe does not care as long as he get the money he desperately want and one of his kids AT LEAST is supporting him , they believe they would get MILLIONS from AEG .
 
So joe only wants the records so he can determine how much a lawsuit will cost him so he can ask the estate to foot the bill? What kind of nonsense is that?

I think The estate should sue..but AFTER the criminal case. I don't want any false move to mess up Murray going to jail.
 
danae85 said:
Joe Jackson is trying to force UCLA to hand over all of their medical records on Michael Jackson -- because daddy is looking to sue whoever is responsible for killing his son ... according to documents obtained by TMZ.

TMZ has obtained documents that Joe filed today in L.A. County Superior Court -- in which he claims, "The UCLA records will permit [Joe] to determine with medical experts and then present to this court, how much support [Joe] needs to pay for the prosecution of his wrongful death action against those responsible for his son's death."

Michael was transported to UCLA on June 25, 2009 -- where he was pronounced dead on arrival.

Joe says in the documents that Michael was already dead when he arrived at UCLA so there is no physician-patient privilege for a dead man.

Joe Jackson filed the papers in the Michael Jackson estate case -- responding to the Estate's opposition to Joe's motion for Michael's medical records. Joe claims the estate has refused to file a wrongful death lawsuit on his behalf and it is costing him money.

According to his legal docs, Joe thinks the medical records will show what really happened to Michael, and that will help Joe determine how much he'd be able to collect from those responsible for Michael's death.

Read more: http://www.tmz.com/#ixzz0e33XI5Ha
Click to expand...

Money before justice for your dead son? Joe is a sorry excuse for a father.
 
Soundmind said:
if the family did perform one they would have asked the executors to pay by now . I'm 10000000000000% sure no second autopsy was performed .

and at this stage it is the worst decision joe could make to file a lawsuit against murray and AEG . because AEG will hire investigators and dig u every prescription drug written for MJ since he was born . and then Murray's defense would use these documents as evidence to make his defence .

and who has the right to file for wrongful death lawsuit? is not it the estate or the people who represent MJ legally ?
Click to expand...


Under California wrongful death statutes and laws, only the heirs and dependents of the deceased are authorized to seek damages for the wrongful death of the decedent. Estate of MJ can sue, so his mother and children. Now as the judge already said that Joe is not a dependent of MJ (and he is not included in the will as an heir), I'm not quite sure whether he has a legal standing for this case and his request. We'll wait and see the rulling.

Even if Joe can sue and get the documents he wants , IMO Joe is rushing things - because if the DA takes the case to trial and Murray is found quilty or accepts a guilty plea and after that Joe opens a wrongful death suit he is guaranteed to get money and the trial will be easier as it is already determined in the criminal court that the person is indeed guilty. In that case the wrongful death suit trial is relatively simple and done just to determine the damages that the heirs will get.

Now like I said even if he gets the documents and has a legal standing to sue he has to go through a long and costly trial process just to prove Murray's negligence.
 
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Requests For Deceased or Incapacitated Patients’ Records. Physician practices should not assume that they are free to give copies of a deceased patient’s medical records to an attorney or family member. As discussed above, HIPAA gives the right of access to the individual whose records are involved. If the individual is legally unable to act, such as after death, then a physician practice may disclose the individual’s records [FONT=Times New Roman,Times]only[/FONT] to the individual’s "personal representative," as defined in HIPAA. For a deceased individual, a "personal representative" is "an executor, administrator, or other person [who] has authority to act on behalf of a deceased individual or of the individual’s estate." Therefore, before a physician practice can disclose a decedent’s records, the practice must obtain proof, such as a "short certificate" from the county register of wills appointing the executor. With that paper in hand, it may release the records to the decedent’s "personal representative." This same approach applies if an adult patient lacks the legal capacity to give consent to medical treatment.

http://www.physiciansnews.com/law/1206turcotte.html
 
thanks marc .

ivy joe is not going after murray's only, he is going after AEG. by the way let's say joe sued murray and AEG , would the estate then be allowed to sue Murray ? or Katherine or the kids ...etc

How many wrongful death lawsuits Murray is going to face then ?
 
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Wrongful Death Law in California, a Basic Understanding

In the state of California, the law relating to claims for the loss resulting from wrongful death is a creature of statute and it may often be found complicated or even unfounded. You need to understand your rights and those of others when someone you love dies due to others' actions.

If the death was caused by negligence or intentional misconduct of another person, it is considered wrongful death. This also includes malpractice by a doctor who fails to treat a curable condition in time, or performs a surgery carelessly that results in death. The deceased's loved ones often have a valid claim after car accidents, slips, trips and falls that lead to unexpected deaths. The same rights follow in the event that an intentional act, like assault and battery, directly results in death.

One of the most conflicting decisions to make in law regarding wrongful death is determining who is allowed, or has standing, to bring a lawsuit. The standing is the right to bring a wrongful death action and that depends on statutes that deal with the order in which the surviving people are entitled to the belongings of the dead. For instance, usually in a wrongful death action the ones with standing are the husband or wife and the kids. Typically, siblings, parents, and other family members of the victim lack standing to bring a suit, but there are complex rules with some exceptions to determine who is able to recover damages that can sometimes allow those people to have standing.

Such instances could be if there are no children or spouse, then the domestic partner may bring suit. In cases where the immediate family is not alive, then it would go to next surviving relative which would be the grandchildren if there were any.

It is correct even if the parents of the deceased are alive, unless either of them or both were supported by the dead. Complicating matters even further the surviving spouse of a void or voidable marriage who's found by the court to have believed in good faith the marriage to the decedent was valid may have a viable suit.

Damages can be addressed only after standing has been determined. Never forget that damages in these and other personal injury actions can be generally classified as economic or non-economic. Economic damages are intended to cover funeral expenses, burial expenses, and lost support. Damages not affecting economy include the loss of relationship between surviving loved ones and the deceased.

Detailed Economic Damages:

1. Financial support contributed by the decedent to the family during either the life expectancy before his/her death or the life expectancy of surviving loved one, whichever one is shorter;

2. The shortfall of gifts or other such benefits that are anticipated to be received by the loved person from the deceased;

3. Cost of funeral and burial;

4. An estimate of the household services that the decedent would have offered.

In the case of non-economic damages, law to the following limits the recovery:

1. Loss of the love, care, protection, or help from the deceased;

2. Loss of romantic/sexual contact and the enjoyment once allowed or

3. Loss of training and advice that the deceased would have given.

The rules do not permit: any sorrow, grief, or mental anguish of the loved one, the decedent's pain and suffering, poverty, or wealth of any surviving party.

Statues and case decisions do not permit the recovery of punitive damages in wrongful death actions. This is not the case if the defendant is convicted of a felony homicide connected with the death. (California Civil Code, § 3294(d).) The judge, but not the jury, usually allocates any money to the survivors because there are generally conflicts of interest between the remaining parties. The case Canavin v. Pacific Southwest Airlines (1983) 148 Cal.App.3d512) In the circumstance that more than one surviving loved ones pursue a claim by way of jury trial, the jury's award will represent a sum for all survivors, which will be subsequently distributed by the court. Usually an agreement between the families is the reason a wrongful death action is settled before trial. If minor children are involved, the court needs to approve the settlement and how much money the kids will get.

All information provided above is simply a review of the general laws of wrongful deaths in California. This should not be taken as legal advice for any case. The law is extremely complex; thus, a trial attorney with the right experience should be consulted when you have questions after such a tragic loss.

http://www.articlesbase.com/persona...n-california-a-basic-understandng-313368.html
 
Huh? Can he go sit down somewhere.


If Joe wants to sue anybody, it should be Mr. Murray and the doctors before Murray that gave him meds illegally.

Just my two cents, don't attack me :)
 
^ ^ Based on this, only MJ's children can bring a wrongful death suit against Murray. They are his closest of kin. Since Katherine is their legal guardian, shouldn't she, and not Joe, be the one to bring the lawsuit in the children name?

Maybe, unlike Joe, she is smart enough to wait until the criminal case is over.
 
Why can't his family stop him from his behavior? Is money the only thing that matters? He says he wants justice but money keeps popping up in the conversation. He might be causing trouble here when there is an investigation going on.
 
bluetopez said:
Didn't the Jackson family have their own autopsy done? Or does Joe still don't know the results of the suppose 2nd autopsy, like he told Larry King a few months ago? Which make no sense to me!


This is so frustrating!
Click to expand...

If this is true, Joe is not asking for the autopsy results, he's asking for the UCLA medical records. The UCLA did not perform the autopsy, they treated Michael and pronounced him.

So , i suppose that all the UCLA would be able to give him, if they give him anything, are the info they got from the paramedics, Dr Murray, and their own medical records from the time he was in the ER.

So this is slightly different from an autopsy report : there would be no cause of death, and, unless Micheal had been treated at the UCLA before, nothing about his general sate of health.
 
no , it was his words that quote TMZ's eyes , him saying mj was already dead when MJ arrived so they have no standing in preventing him from accessing these records , he is asking for the autopsy results also .
 
Soundmind said:
thanks marc .

ivy joe is not going after murray's only, he is going after AEG. by the way let's say joe sued murray and AEG , would the estate then be allowed to sue Murray ? or Katherine or the kids ...etc

How many wrongful death lawsuits Murray is going to face then ?
Click to expand...

Yes, Joe is absolutely going after AEG, and Murray. I don't understand what you wrote about "Katherine and the kids." They had nothing to do with Michael's death, obviously, and it's bears and bananas. Not a logical extension of Joe's wanting the medical records. . . . . Nobody is going to sue them, so ??????

There is the law here, and there are also ethical concerns. Katherine is not young, and she is not aggressive, as a person. But as an heir, she'd be the one to sue for "wrongful death." There may be a family dynamic going on here, that we are not privy to? She may just not have the stamina for it, at this time, but Joe DOES? Don't know. But, when filed, the civil suit will probably be in Katherine's name. I hope so.

In moral/ethical terms (and not necessarily "legal," because "legal" is not always ethical), regardless what we think of what Joe has done in the past, he has an ABSOLUTE RIGHT, as a father, to know what happened to his SON. An immutable, ethical, moral RIGHT. Anyone here who is a parent should feel/know that.

I think now that the family did not have an independent autopsy done.

In answer to your question, "How many wrongful death lawsuits is Murray going to face?" I hope just ONE. The one filed by Michael's family, spear-headed by Katherine (at least on paper). It's probably the only way Michael will get his day-in-court, and I support that a thousand, million, percent. It won't be only Murray. It will be AEG, too, if Joe ever gets those autopsy results. It will be either "wrongful death," or "depraved indifference."

I have little respect for Oxman. I do not LIKE what Joe did to Michael. But I have an open mind. In this instance, I fully and completely and totally support Joseph Jackson. Sorry, guys. I know a lot of you will disagree, but that doesn't change a thing. This may be Michael's only chance for justice, and it is Michael that I loved. I still do, with all my heart, soul, and being. This cannot end this way, with a plea-bargain, and never knowing what, exactly, happened. If it takes Joe getting his hands on the autopsy report. . well, GOOD. Good for Michael.

That is what I think, as my opinion. I'm sure I'll be attacked for this, typically, but those here with open-minds, think about it carefully? I'm nearly a hundred percent certain that for Murray, the charges will be light. There will be no "day-in-court." The "facts" we yearn for, may never be learned. Except . . . . . . if there is a civil-suit.

I'm outta the thread, probably. But at least. . I've said it.

peace,

Vic
 
I thought I heard that Janet was helping Katherine file a wrongful lawsuit against Murray. Nobody in the family thinks he should still be practicing.
 
Victoria83 said:
Yes, Joe is absolutely going after AEG, and Murray. I don't understand what you wrote about "Katherine and the kids." They had nothing to do with Michael's death, obviously, and it's bears and bananas. Not a logical extension of Joe's wanting the medical records. . . . . Nobody is going to sue them, so ??????

There is the law here, and there are also ethical concerns. Katherine is not young, and she is not aggressive, as a person. But as an heir, she'd be the one to sue for "wrongful death." There may be a family dynamic going on here, that we are not privy to? She may just not have the stamina for it, at this time, but Joe DOES? Don't know. But, when filed, the civil suit will probably be in Katherine's name. I hope so.

In moral/ethical terms (and not necessarily "legal," because "legal" is not always ethical), regardless what we think of what Joe has done in the past, he has an ABSOLUTE RIGHT, as a father, to know what happened to his SON. An immutable, ethical, moral RIGHT. Anyone here who is a parent should feel/know that.

I think now that the family did not have an independent autopsy done.

In answer to your question, "How many wrongful death lawsuits is Murray going to face?" I hope just ONE. The one filed by Michael's family, spear-headed by Katherine (at least on paper). It's probably the only way Michael will get his day-in-court, and I support that a thousand, million, percent. It won't be only Murray. It will be AEG, too, if Joe ever gets those autopsy results. It will be either "wrongful death," or "depraved indifference."

I have little respect for Oxman. I do not LIKE what Joe did to Michael. But I have an open mind. In this instance, I fully and completely and totally support Joseph Jackson. Sorry, guys. I know a lot of you will disagree, but that doesn't change a thing. This may be Michael's only chance for justice, and it is Michael that I loved. I still do, with all my heart, soul, and being. This cannot end this way, with a plea-bargain, and never knowing what, exactly, happened. If it takes Joe getting his hands on the autopsy report. . well, GOOD. Good for Michael.

That is what I think, as my opinion. I'm sure I'll be attacked for this, typically, but those here with open-minds, think about it carefully? I'm nearly a hundred percent certain that for Murray, the charges will be light. There will be no "day-in-court." The "facts" we yearn for, may never be learned. Except . . . . . . if there is a civil-suit.

I'm outta the thread, probably. But at least. . I've said it.

peace,

Vic
Click to expand...

nothing wrong with what u said. still, considering how cold the whole thing seems...the indifference..this is why i hope for things like something cosmic happening to whoever is responsible..because earthly justice is never enough..
 
vncwilliam said:
nothing wrong with what u said. still, considering how cold the whole thing seems...the indifference..this is why i hope for things like something cosmic happening to whoever is responsible..because earthly justice is never enough..
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Oh, yeah, something cosmic will happen. But in the meantime, we live in the here-and-now, and I want Michael to have his day-in-court. I think Murray will plead-out. A civil suit might be the only way to have the "facts" heard. I do not LIKE Joe, but if this is the only way it will happen, then we all need closure. Katherine does, the children do, and the rest of Michael's family, and the FANS, too.

It just can't end with Murray getting a slap-on-the-the wrist, a plea of guilty to a lesser charge, and never have to testify in court. We need to think of the bigger picture. We NEED to hear what happened, from Murray's lips. . .
 
Victoria83 said:
Oh, yeah, something cosmic will happen. But in the meantime, we live in the here-and-now, and I want Michael to have his day-in-court. I think Murray will plead-out. A civil suit might be the only way to have the "facts" heard. I do not LIKE Joe, but if this is the only way it will happen, then we all need closure. Katherine does, the children do, and the rest of Michael's family, and the FANS, too.

It just can't end with Murray getting a slap-on-the-the wrist, a plea of guilty to a lesser charge, and never have to testify in court. We need to think of the bigger picture. We NEED to hear what happened, from Murray's lips. . .
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well..as controversial as i tend to sound when i say it..i've seen things happen on earth that look better than justice on earth..at least to me. i'm no one to judge..but it looks like it looks. everything from extrajet going bankrupt to what happened with Evan Chandler...
 
I hope that someone can reason with Joe and make sure he doesn't let his statements interfere with or compromise the criminal case. The most important thing is for Michael's children to get justice. It needs to be proven in court and put on record that the only things in Michael's system were the drugs given to him by Dr Murray. They need to know that Dr Murray's negligence killed him. They should not have to spend the rest of their lives being told there Father was a drug addict who overdosed as Brian Oxman declared the day after he died. There are those in the media who still want to push this theory, even though Michael was tested as drug free for his Concert Insurance. People also fail to notice that Michael's life insurance was paid upon request with no delay. If he had died of a typical drug overdose the insurance company would have fought payout.
 
Victoria83 said:
Yes, Joe is absolutely going after AEG, and Murray. I don't understand what you wrote about "Katherine and the kids." They had nothing to do with Michael's death, obviously, and it's bears and bananas. Not a logical extension of Joe's wanting the medical records. . . . . Nobody is going to sue them, so ??????

There is the law here, and there are also ethical concerns. Katherine is not young, and she is not aggressive, as a person. But as an heir, she'd be the one to sue for "wrongful death." There may be a family dynamic going on here, that we are not privy to? She may just not have the stamina for it, at this time, but Joe DOES? Don't know. But, when filed, the civil suit will probably be in Katherine's name. I hope so.

In moral/ethical terms (and not necessarily "legal," because "legal" is not always ethical), regardless what we think of what Joe has done in the past, he has an ABSOLUTE RIGHT, as a father, to know what happened to his SON. An immutable, ethical, moral RIGHT. Anyone here who is a parent should feel/know that.

I think now that the family did not have an independent autopsy done.

In answer to your question, "How many wrongful death lawsuits is Murray going to face?" I hope just ONE. The one filed by Michael's family, spear-headed by Katherine (at least on paper). It's probably the only way Michael will get his day-in-court, and I support that a thousand, million, percent. It won't be only Murray. It will be AEG, too, if Joe ever gets those autopsy results. It will be either "wrongful death," or "depraved indifference."

I have little respect for Oxman. I do not LIKE what Joe did to Michael. But I have an open mind. In this instance, I fully and completely and totally support Joseph Jackson. Sorry, guys. I know a lot of you will disagree, but that doesn't change a thing. This may be Michael's only chance for justice, and it is Michael that I loved. I still do, with all my heart, soul, and being. This cannot end this way, with a plea-bargain, and never knowing what, exactly, happened. If it takes Joe getting his hands on the autopsy report. . well, GOOD. Good for Michael.

That is what I think, as my opinion. I'm sure I'll be attacked for this, typically, but those here with open-minds, think about it carefully? I'm nearly a hundred percent certain that for Murray, the charges will be light. There will be no "day-in-court." The "facts" we yearn for, may never be learned. Except . . . . . . if there is a civil-suit.

I'm outta the thread, probably. But at least. . I've said it.

peace,

Vic
Click to expand...

well I'm sure Oxman is going to win a lawsuit against AEG .
 
pug said:
I hope that someone can reason with Joe and make sure he doesn't let his statements interfere with or compromise the criminal case. The most important thing is for Michael's children to get justice. It needs to be proven in court and put on record that the only things in Michael's system were the drugs given to him by Dr Murray. They need to know that Dr Murray's negligence killed him. They should not have to spend the rest of their lives being told there Father was a drug addict who overdosed as Brian Oxman declared the day after he died. There are those in the media who still want to push this theory, even though Michael was tested as drug free for his Concert Insurance. People also fail to notice that Michael's life insurance was paid upon request with no delay. If he had died of a typical drug overdose the insurance company would have fought payout.
Click to expand...

It depends how old the policy was. If it was a personal policy older than two years it didn't matter what drugs or illness he had the insurance company is obligated to pay. There is a two year incontestibility built into all policies. After the two years are up they have to pay with some exceptions such as suicide.
 
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