This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Iowa Complaint For Wrongful Interference With Right To Possession For Burial
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Multi-State
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US-000303
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FAQ
Yes, a hospital can be liable for negligent mishandling of a corpse if it is found to have acted negligently or improperly in the handling of a deceased person's body.
Mishandling a corpse refers to any inappropriate, disrespectful, or unlawful treatment of a dead person's body, including physical maltreatment, incorrect storage or disposal, or failure to properly prepare the body for burial or cremation.
? That human remains should always be treated with dignity and respect. ? Burials should not be disturbed without good reason. However it was noted that the demands of the modern world are such that it may be necessary to disturb burials in advance of development.
Human remains means a deceased human body or any portion of a deceased human body, except: Clean, dry bones or bone fragments; human hair; teeth; fingernails or toenails; or. A deceased human body and portions thereof that have already been fully cremated before import; or.
The tort of interference with a dead body applies to intentional acts, reckless acts, and negligent acts. An undertaker who negligently or recklessly embalms a deceased person's body is liable for the tort if he or she harms the body or if he or she prevents the body from being properly buried or cremated.
