Issues Related to the Mishandling of Human Remains
The negligent mishandling of human remains is a disturbing and deeply concerning issue that unfortunately occurs in some cases involving mortuaries and funeral homes. These instances represent a clear breach of the trust placed in these establishments, and they can have severe repercussions for the deceased individuals and their grieving families. Cases of funeral homes handling bodies unfittingly and disrespectfully occur nationwide.
The negligent mishandling of human remains encompasses a range of malpractice in funeral-related services. From unauthorized disposal to improper embalming techniques and even involvement in illegal activities such as selling body parts, it is evident that the mishandling of human remains can have far-reaching consequences. Strict regulations and oversight must be in place to prevent and address such negligent actions while providing justice and support to grieving families.
Who Is Affected by the Mishandling of Human Remains?
First and foremost, the affected decedents are directly impacted by this negligence, as their bodies suffer the harm of mishandling. Additionally, their families and loved ones are often emotionally distressed due to the loss of closure and sense of peace from a proper and respectful farewell. Funeral homes, mortuaries, and other entities handling human remains may face potential legal and financial consequences, including criminal liability, for their actions. The broader public is also affected, as these issues undermine public trust in the funeral industry and raise concerns about health and safety standards.
Common Causes of Mishandling
Several factors can lead to the mishandling of a body in a funeral home setting:
- Inadequate Training or Incompetence: Staff may lack the necessary training or experience to handle and prepare bodies with the required care and respect.
- Negligent Embalming Practices: Improper embalming can result in disfigurement, rapid decomposition, and unpleasant odors, further distressing the family.
- Disrespectful Handling: Actions such as dropping the body, leaving it uncovered in public areas, or making inappropriate comments about the deceased are examples of disrespectful treatment.
- Improper Storage: Failing to store the body at the correct temperature or in suitable conditions can lead to decomposition and other issues.
- Lack of Supervision and Oversight: Poor management and insufficient supervision can create an environment where mishandling is more likely to occur.
Examples of Mishandling of Remains
- A body is dropped during transport or while being moved within the funeral home.
- Embalming is performed incorrectly, leading to discoloration or disfigurement of the deceased.
- The body is left unattended and uncovered in a public area of the funeral home.
- Inappropriate comments are made regarding the deceased’s appearance or condition.
- The deceased’s personal belongings are lost or mishandled.
Health & Safety Issues Related to Mishandling of Human Remains
Human remains carry inherent health and safety risks that, when mishandled, can pose significant threats to both the funeral service providers and the bereaved families. Mishandling of human remains can spread infectious diseases, emotional distress, and health and safety regulations violations.
Examples of health and safety violations in mishandling human remains include improper embalming techniques, failure to refrigerate the body, and cremation errors. Improper embalming can lead to inadequate disinfection and preservation of the body, increasing the risk of disease transmission. Failure to refrigerate the body promptly can result in the decomposition of the remains and the release of harmful pathogens. Cremation errors, such as incorrect identification or inadequate temperature control, can pose health and safety risks.
Legal Implications and Potential Liability
Significant legal implications and potential liability for those involved can stem from the mishandling of human remains. Funeral homes, crematories, and other entities responsible for handling and disposing of human remains have a duty of care to the deceased and their families. Any negligence or intentional misconduct in carrying out these duties can result in potential legal action.
Families who have suffered harm due to the mishandling can pursue a civil lawsuit against the responsible parties. To navigate the complex legal landscape surrounding the mishandling of human remains, victims need to speak with an experienced funeral home negligence lawyer.
The attorneys at Traction Law Group regularly handle issues related to the mishandling of human remains and are available to discuss your situation. Please do not hesitate to contact us at (833) 236-8253 if we can assist.
How Traction Law Group Can Help
Witnessing the mishandling of a loved one’s body can be a deeply traumatic experience. At Traction Law Group, we understand the emotional pain and suffering this can cause. Our compassionate legal team is dedicated to helping families seek justice and hold negligent funeral homes accountable for their actions. We will:
- Conduct a thorough investigation into the incident.
- Gather evidence to support your claim of mishandling.
- Determine the extent of the negligence and identify all responsible parties.
- File a lawsuit against the funeral home and pursue all available legal remedies.
- Seek compensation for your emotional distress, pain, and suffering.
- Help you obtain justice and hold the funeral home accountable for their actions.
If you have witnessed or suspect the mishandling of a loved one’s body by a funeral home, please do not hesitate to contact Traction Law Group. We are here to provide compassionate legal guidance and support during this difficult time.
