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Jury Finds For Hospital In Mishandled Corpse Case

Hospital fails to identify deceased person even though they had driver's license.

by Long Island Attorney Paul A. Lauto, Esq.

Plaintiff's estranged mother Mary O'Leary died in a Brooklyn, NY hospital of terminal cancer, after a 15 day hospitalization.  Before plaintiff was notified of her mother's death approximately three months after the fact, the hospital donated O'Leary's body to medical research, as they claimed they were unable to identify the person. The remains were buried in an unknown location in Potter's Field.

Plaintiff sued the hospital claiming they negligently failed to identify her mother's corpse and failed to properly complete the certificate of death.  Plaintiff maintained that as a result, she suffered mental anguish, depression, anxiety and deprivation of her right to properly grieve the loss of her mother.

Plaintiff further claimed, that after failing to properly complete the certificate of death and incorrectly listing her mother as a black female, the hospital retrieved five documents belonging to O'Leary. The retrieved documents included, among other things, O'Leary's driver's license.  Plaintiff contended that the hospital even used the information from the retrieved documents to get paid by Medicare, but did not correct the death certificate. 

Read the details and about what the defendant hospital claimed, in our latest Scales of Justice blog at http://www.liattorney.com.

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MP Majority May 17, 2013 at 01:41 pm
Spoken like a true teacher. Did you know that the average school teacher is only paying 15% of theRead More actual cost of health care premiums for themselves and their families, when Medical healthcare insurance premiums are rising at an alarming 17% per annum? Do you realize that teachers are paid an additional stipend if they work more than 3 consecutive periods in a day? Are you aware that teacher pensions were protected during the stock market crash of 2008, when the average person's 401K was totally at risk? Perhaps if teachers realized how good they have it - look at the BIG picture and outside of their bubble - then they would complain less. Oh and yes, we need our loftily-paid Administrators to kick in some of the salaries, to help pay for stuff. Hard to believe the school districts' mantras that "it's all for the kids".