Over the years, my law firm has had the privilege to represent hundreds of families for malpractice claims against funeral homes, cemeteries and cremation facilities. We now accept these claims from all over the United States if local state law supports them and the case is serious enough.
It seems incredible that these cases even exist, but they are not uncommon. The range of cases span wrongful burial, wrongful exhumation, intentional abuse of corpses, negligent handing of cremains, etc. I have found that a great deal can go wrong in an industry that only gets one chance to “get it right.”
Some common themes include:
Misidentification
These claims usually involve the misidentification of cremains. The wrong cremains are often given to the grieving family. Suspicions can be raised by mislabeling, wrong date of cremation (early or late), absence of medical devices from the cremains (hip replacement, etc.), lack of proper records, or a host of other missteps. Bodies can be cremated too early or without legal permission, depriving the family of closure that would have happened with an open casket viewing.
Improper Embalming
These claims involve improper embalming, or no embalming at all, which allows the body to deteriorate before viewing. Improper refrigeration can happen, again depriving the family of a closure service.
I have had cases that involve intentional wrongdoing by funeral directors and cemeteries. Wrongful disinterment, or even abuse of the body, is possible. I have had cases where the wrong body was dug up or buried! One family had to resort to DNA analysis to properly identify a body.
If you have a case involving any problems with cremation, funeral home or cemetery malpractice, please call us for a free case evaluation.
– Thomas W. Carey
Senior & Founding Partner