Wrong remains sent to the funeral home

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Wrong remains sent to the funeral home

Good Evening

About 6 months ago, we had to go through the process of an induced abortion since our baby died in my wife’s womb. We arranged everything with a funeral home to send the remains of our son the next day. As soon as we arrived to the funeral home, the person in charged of our case asked us if we want to see the baby that we hold for several hours in our hospital room. After debating about it, we decided to do it but to find out that the hospital sent the wrong remains the womb and other tissues instead of the actual baby. We called the hospital that day to received the answer that they do not have anything else under my wife’s name. Finally we fought for several hours with hospital staff and after losing our baby we had to deal with the fact they sent the wrong remains to the funeral home. We were really close to cremate other issues and not our kid. The hospital sent us an apologizing letter, explaining how this happened and how they will place procedures to avoid this to happen to anyone else. I am sorry but I am still angry about it, since we had to go through several painful moments to then fight for the respect of our death baby. Thanks for your attention

Asked on February 27, 2017 under Malpractice Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the hospital for negligent infliction of emotional distress.
Negligence is the failure to exercise due care, which is that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm, emotional distress in your case.


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