Seeking elusive justice in the death of their affable bear of a son, 21-year-old Anthony Makowski, Cathy and Wayne Makowski have chosen to seek a remedy where so many others have before them, in civil court. The Makowskis cite negligence among several entities possessing interests in the McDonald's restaurant where Anthony died after an early morning fight with Army veteran Martin Robles-Taylor. It would be foolish to critique the merits of the Makowskis' claims. Months of discovery by both sides will help sharpen forecasters' opinions. Now imagine the frustration of bereaved mom Linda Porter, a part-time west Pasco resident whose son checked into Morton Plant North Bay Hospital with abdominal pain in October, then slipped into a coma and died several weeks later when removed from life support. Pete Thomas, a sometimes musician from New Port Richey, suffered respiratory and cardiac arrest under circumstances which, Porter says, may rise to the level of negligence or malpractice. Alas, given the scandalous condition of state law coupled with an apparent lack of interest from the Pinellas-Pasco State Attorney's Office, Porter may never see justice tested, let alone served. A Terrible Turn Of Events As the result of what Tampa lawyer Henry Valenzuela calls "a terrible law," Thomas' mom lacks standing in state court. During the first bloom of tort reform in the early 1990s, the Legislature scurrilously recast medical malpractice law, including a one-line subsection that, even now, sandpapers Porter's grief, keeping it raw. Even if medical negligence is readily evident, Florida statute prevents adult children from pursuing civil damages on behalf of their parents. The reverse also is true: Parents cannot sue for malpractice if their adult children are the alleged victims. Because Thomas lived a solitary life and left no dependents, Porter has slight recourse beyond hectoring state agencies that oversee hospitals and doctors, filing complaints, and petitioning the state attorney under whose jurisdiction the caregivers and hospital fall, Bernie McCabe. The law prevents Porter from wielding civil society's ultimate truth finder, the subpoena. Says Valenzuela, who briefly reviewed whether it made sense to represent Porter, "It makes me sick." (Full disclosure: The author of this space is a past client of Valenzuela.) Barred At The Courthouse Door The statute plainly creates different classes of victims. Lose a dependent-free adult offspring to neglect on a state road, in a parking lot, on a construction site, at a theme park or some other public place and the parents have an unfettered road to the courthouse. Discover through medical records that your unmarried, childless adult son possibly was overdosed by a combination of contraindicated drugs and there is little more to do than shake your fist at the sky. You might think such an apparent breach of equal protection would have been sternly dismissed by the Florida Supreme Court. You would be wrong. It may be, as Porter concedes, that Pete Thomas was not a candidate for citizen of the year. That ought not mean those under whose care he fell shouldn't be held to the same standards as fast-food restaurant owners or theme park ride operators. Contact Tom Jackson at (813) 948-4219 or tjackson@tampatrib.com. Copyright © 2006, The Tampa Tribune and may not be republished without permission. E-mail library@tampatrib.com Tom Jackson TMGred_2TribTBOetc_w-socialmedia Tom Jackson Columnist & Blogger Follow me on Twitter and Facebook (o) 813.371.1851 (m) 813.731.8044 tjackson@tampatrib.com