What can I do I my father passed away in a hospital but it wrongfully released his body to my sister instead of me?

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What can I do I my father passed away in a hospital but it wrongfully released his body to my sister instead of me?

I organized cremation services for him per his verbal request. An estranged sister heard of this and paid a funeral home to get his body from the hospital. When my cremation service went to pick him up, he was not there. The hospital is confused as to how his body was released. I am the health care proxy and POA.Is there a case in this? The emotional distress is horrible.

Asked on December 10, 2014 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is relatively little you can do. It is very difficult to recover compensation for emotional distress unless 1) there was also physical injury; or 2) you watched a loved one die while in close physical proximity; or 3) there was an intent to inflict emotional harm (e.g. stalking or harassment). None of those scenarios apply in this case, so it is not likely you would have a viable case for compensation.


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