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Do I have a case of infliction of e distress over loss of my mom's body by the hosp. and conservator for two weeks?

Palm Springs, CA |

She died in Riverside County, but LA County is her conservator. LA had sent her to a hospital out of county. It caused so much confusion they didn't know where she was. When she was found still at the hosp. she died at, the hosp. and LA offered to cover cremation fees by a private mortuary. I said okay. Signed a paper to okay cremation that took them two more weeks to get to me and now it's a month and I still don't have her remains. I'm a wreck. How do you misplace a body?

Attorney Answers 9


  1. You may have a cause of action for negligent mishandling of corpse. See California Health and Safety Code Section 7100 (link below) and contact an attorney.

    I'm sorry to hear about your situation. At a time like this you need answers, and compassion.


  2. Mr. Steiger has pointed you in the right direction. I hope you get the closure that you're seeking very soon.


  3. You may, for mishandling of a corpse. Talk to a civil attorney. I am sorry.


  4. Retain a 'funeral home abuse' lawyer to investigate.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. This link will prove helpful and sorry to hear...
    http://www.justia.com/trials-litigation/docs/caci/1600/1620.html


  6. Contact a lawyer asap, as the claims are going to be against public entities (the county, public guardian, possibly the hospital). There are special time reqts when going after them. This is a case falling into the category of cases where you can sue for pure emotional distress. See a doctor and or therapist for appropriate counseling and or medication.


  7. I'm sorry for the loss of your mother and that you went through this. This mishandling of human remains is actionable under California Law. You should consult an attorney.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.


  8. Thanks
    Kenneth S. Litman
    Attorney at Law
    Direct # 516-359-6333
    kenlitman@aol.com

    -------- Original message --------

    THANK YOU KEN LITMAN, ESQ. 64 SHORT WAY ROSLYN HEIGHTS, NY 11577 DIRECT # 516 359-6333 KENLITMAN@AOL.COM FAX # 516 908-4194


  9. In addition to the good advice given you earlier by my colleagues, you should mitigate your damages.

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