Wrong remains sent to the funeral home

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption