Can I sue the hosptial or Coroner for IIED for not allowing me to see my father after he died, (no crime involved with death)

Asked over 5 years ago - San Diego, CA

My dad was killed in a motorcycle accident, I arrived at the hospital 30 mins after he died. After I spoke to the Dr I asked if I would be able to view my father before we left.. The nurse said it was up to the coroner if we could. She left and came back in and stated the Coroner said No we couldn't view our father.. Mind you this was just an accident, no crime involved. I called the Coroner the next day and asked why we were denied the right to view our father before we left and the Coroner stated he never got a phone call from the hospital asking if we could and he stated if he had, there would be no reason to deny family that.. So one of them has intentionaly lie to us, for some unknown reason.

Attorney answers (2)

  1. Kenneth Lewis Swenson

    Contributor Level 15

    Answered . I am sorry to hear about the loss of your father. Before filing the sort of civil action you have described in your question, you should consult with an attorney to discuss the particulars of the matter and for specific legal advice. The potential defendants in this case may enjoy a number of privileges or immunities in the circumstances you have described. If you file a case which lacks merit, you may be forced to pay the costs and fees incurred by the defendants

  2. Mark Carleton Blane

    Pro

    Contributor Level 14

    Answered . I am very sorry to hear about your loss and the facts of what occurred with your father. However, in order to recovery for Intentional Infliction of Emotional Distress, or rather, Negligent Infliction of the same, you need to prove that the injury was occurring to your father in your presence (since you are an immediate family member, you have the other element requirement). However, here, the injury had already occurred to your father, and the fact the Coroner denied your request for viewing would not be within the facts to have this doctrine of law apply or get triggered. I hope this helps you.

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