Types of Funeral Home Negligence

Types of Funeral Home Negligence
July 18, 2024
Types of funeral home negligence

Funeral home negligence can deeply affect families during their time of grief, adding to their distress and creating a sense of betrayal. MLG Personal Injury & Accident Lawyers understands the impact of these unfortunate incidents and are dedicated to seeking justice for those affected.

Our team is committed to holding negligent funeral homes accountable and ensuring that families receive the respect and care they deserve. Next, we will explore the various types of funeral home negligence to help you recognize and address these serious issues.

Learn how a reasonable person would expect a funeral director to act. Then, contact us for a free consultation.

The Definition of Funeral Home Negligence

Funeral home negligence occurs when a funeral home fails to provide the appropriate level of care, resulting in harm or distress to the deceased's family. This can include mishandling remains, unauthorized procedures, and improper conduct.

Negligence involves mistakes and a breach of the professional duty owed to clients. Families trust funeral homes to handle their loved ones with dignity and respect, and any deviation from this can constitute negligence.

In many cases, funeral home negligence is not immediately apparent, making it essential for families to stay vigilant. Recognizing the signs of negligence can help in taking timely action to address the issue.

Legal recourse is available to families who have been wronged, and understanding your rights is the first step in seeking justice. Our firm is here to guide you through this process and provide the support you need.

Funeral Homes Owe a Duty of Care To Their Customers

Funeral homes owe a duty of care to their customers

Funeral homes have a legal and ethical duty to provide their clients with a high standard of care. This duty includes respecting the deceased, following the family's instructions, and ensuring all procedures are carried out professionally.

When a funeral home accepts responsibility for handling a deceased individual, it must perform its duties carefully.

Mishandling of Remains

Mishandling of remains is one of the most distressing forms of funeral home negligence. Mishandling can include improper storage, incorrect identification, or even physical damage to the body. They might even mark the wrong body as your family member. Such actions show a complete disregard for the deceased and can cause severe emotional trauma to the family.

Proper handling and respect for the remains are fundamental expectations that funeral homes must always meet.

Unauthorized Embalming

Unauthorized embalming

Unauthorized embalming occurs when a funeral home proceeds with embalming without the explicit consent of the family. This not only violates the family's wishes but can also go against religious or cultural beliefs.

Unauthorized procedures are a serious breach of trust and professional conduct. Families have the right to make informed decisions about how their loved ones are handled, and any deviation from their instructions is unacceptable.

Unauthorized Cremation

Unauthorized cremation is a grave form of negligence where a body is cremated without the family's permission. This irreversible act can cause immense distress and a sense of loss beyond the death itself.

Families may choose burial or other methods based on personal, religious, or cultural reasons, and these wishes must be respected. Funeral homes must obtain clear and documented consent before proceeding with cremation.

Careless Transportation

Careless transportation

Careless transportation of remains can lead to damage, loss, or incorrect delivery of the body. This negligence can occur due to inadequate training, improper procedures, or lack of care.

Proper handling and transportation are critical to ensuring that the remains are treated with dignity and respect. Families trust funeral homes to manage these logistics professionally; failure in this area can be deeply troubling.

Theft of Personal Property

Theft of personal property from the deceased is a serious and reprehensible act of negligence. This can include stealing jewelry, clothing, or other valued items.

Such actions violate the trust placed in funeral homes and add to the family's grief. Funeral homes are responsible for safeguarding the deceased's belongings and returning them to the family intact.

Hiring Unlicensed Staff

Hiring unlicensed staff can lead to improper handling of remains and other forms of negligence. Unlicensed or inadequately trained staff may need to follow proper procedures, resulting in substandard care.

Funeral homes must ensure all staff members are appropriately licensed and trained to perform their duties. Hiring licensed staff ensures that the deceased and their families receive the professional care they deserve.

Unprofessional Conduct and Emotional Abuse

Unprofessional conduct and emotional abuse

Unprofessional conduct and emotional abuse by funeral home staff can aggravate families' grief. Poor conduct can include rude behavior, insensitivity, or failure to provide the promised services.

Families rely on funeral homes for support and compassion during difficult times, and unprofessional conduct can cause additional emotional harm. Funeral homes must uphold high professionalism and empathy in all their interactions.

What You Should Do if You Suspect Funeral Home Negligence

If you suspect that a funeral home is not providing the utmost care or service, consider the following steps:

  1. Document everything: Maintain thorough records of all conversations, services, and discrepancies. This includes emails, invoices, and photographs. Thorough documentation will be key if you decide to take legal action.
  2. Speak to witnesses: Gather statements from anyone who witnessed the negligence or can provide relevant information. Witnesses include family members, friends, or other funeral home clients. Witness statements can help you further and support your case.
  3. Contact the funeral home: Address your concerns directly with the funeral home management. Sometimes, issues can be resolved through direct communication. Ensure you keep a record of all conversations and responses.
  4. File a complaint with regulatory bodies: If the funeral home does not satisfactorily address your concerns, file a complaint with state regulatory bodies. They can investigate the matter and take appropriate action. This step is important for holding the funeral home accountable.
  5. Seek legal advice: Consult with an attorney specializing in funeral home negligence. They can provide guidance on your rights and the best course of action. Legal advice is important to understanding the complexities of your case.
  6. Consider mediation or arbitration: Some issues might be settled through mediation or arbitration rather than going to court. These methods can be less stressful and faster. Your attorney can advise if this is a suitable option for your situation.
  7. Prepare for legal action: Pursue a civil lawsuit for damages if necessary. This involves gathering all your evidence, witness statements, and documentation. Your attorney will guide you through the process to seek justice and compensation.

Why You Need a Funeral Home Negligence Lawyer To Help You

Why you need a funeral home negligence lawyer to help you

You should contact a lawyer to help you get the compensation you deserve if you suspect negligence. The following are some reasons to hire a lawyer:

  • Expertise in funeral home laws: A specialized lawyer understands the specific laws and regulations governing funeral homes. They can handle the legal complications on your behalf. This expertise ensures your case is handled effectively.
  • Gathering evidence: An attorney can help gather important evidence, including witness statements, documentation, and expert testimony. They know what is needed to build a strong case. Proper evidence is essential for proving negligence.
  • Negotiating settlements: Lawyers can negotiate with the funeral home or insurance company for a fair settlement. They advocate for your best interests. Effective negotiation can result in compensation without a lengthy trial.
  • Representation in court: If your case goes to trial, a lawyer will represent you. Professional representation increases your chances of a favorable outcome.
  • Emotional support and guidance: Dealing with funeral home negligence can be emotionally draining. A lawyer provides support and guidance throughout the process. Their presence can help alleviate some of the stress involved.

Types of Compensation We Can Recover

Some examples of damages you can be compensated for in funeral negligence are the following:

  • Emotional distress: Compensation for the emotional trauma caused by the funeral home's negligence. This can include pain, suffering, and psychological impact. Emotional distress damages acknowledge the huge impact of the negligence.
  • Financial losses: Financial compensation helps alleviate the burden of unexpected costs by reimbursing for any additional costs incurred due to the negligence. This includes extra funeral expenses, travel costs, and other related expenses.
  • Punitive damages: In cases of gross negligence, punitive damages may be awarded. These are intended to punish the funeral home and deter future misconduct. Punitive damages go beyond compensatory damages to address egregious behavior.
  • Loss of personal property: Compensation for any personal property stolen or damaged by the funeral home. This can include valuable items or sentimental belongings. Recovering these losses helps address the violation of trust.
  • Legal fees: Coverage of legal fees incurred while pursuing your claim. This ensures that you are not financially burdened by seeking justice. Legal fee compensation supports access to legal representation.

FAQs

Understanding the various types of funeral home negligence can be challenging. A few common questions we get asked include:

Common types include mishandling of remains, incorrect identification of bodies, overcharging, billing for services not rendered, and unprofessional conduct during services.

These forms of negligence can cause serious emotional and financial harm. Recognizing these common issues can help you identify potential problems early. Taking prompt action can prevent further distress.

You can prove negligency by gathering evidence such as incident documentation, witness statements, billing records, and expert testimony.

An attorney specializing in funeral home negligence can assist in this process. They will know what evidence is needed and how to present it effectively. Legal expertise is crucial for building a strong case.

Legal actions that you can take if you suspect a funeral home negligence include filing a complaint with regulatory bodies, pursuing a civil lawsuit for damages, and seeking compensation for emotional distress, financial losses, and punitive damages with the help of an attorney. Each option has its procedures and requirements.

Connect With Our Funeral Home Negligence Lawyer for a Free Case Evaluation

Connect with our funeral home negligence lawyer for a free case evaluation

Funeral services honor the deceased's memory and comfort grieving families. However, cemetery negligence, fraudulent practices, and unethical behavior can deeply violate loved one's wishes and trust. From mishandling cremated remains to improper embalming, such actions cause serious mental anguish and distress.

MLG Personal Injury & Accident Lawyers is dedicated to protecting your rights and seeking justice for any form of funeral home negligence. By addressing these issues, we aim to bring peace and closure to affected families.

Contact us for a consultation and receive compensation for losing a loved one to neglect.

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