Legal Question in Personal Injury in Illinois

Body Mixup

On Sept. 15 my son was born and died at a local chicago hospital. My partner and I had made private arrangements to have his body cremated, we signed several release forms and contacted our furneral home. A few days later when the home tried to retrieve our son the body was nowhere to be found. We spoke with several people that told us different stories. At 7pm Sept. 20th the hospital directory called and told us that our son was mistakenly given to another family and that family buried our son earlier that day. I trying to find a lawyer to take the case. Everyone that I've talked to has said that they've never heard of such a thing. The funeral home director of 17 yrs. has written a statement. I want to talk to media, Is this a good idea?


Asked on 9/29/07, 1:52 pm

6 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Body Mixup

Please accept my condolences for your loss and the additional grief that the hospital's negligence had caused you.

Without knowing more details and not having talked to you in person, it would be negligent for me to provide you with legal advice at this time. You have been the victim of enough negligence from this situation.

As a convenience to you and your family members, I am willing to meet with you at your residence to further discuss this tragedy. After doing so, and knowing all of the facts, I will be able to assist you if needed. Please contact me.

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Answered on 9/30/07, 12:07 am
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Body Mixup

Sounds to be like a negligent infliction of emotional distress

email me if you have any questions

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Answered on 9/29/07, 1:55 pm
Nima Taradji Taradji Law Offices

Re: Body Mixup

I am sorry for your loss and what you are going through.

I handled a similar case several years ago where the body of the child was mistakenly cremated instead of being preserved.

This is clear negligence and there may be more than one cause of action.

I need to know a lot more detail to give you a better answer. If you like, you may contact me so that we can discuss and so that I may give you a more intelligent answer.

With respect to talking to the media--Remember that it may backfire. These days, funeral homes are mostly owned (behind the scenes) by one big corporation that may own 200 or more funeral homes across the US. Publicity may be a motivating factor to fight the case just to show that they are not going to accept liability that easy--statement from the director notwithstanding. On the other hand, it may work in your favor.

You just never know--and so because there is a risk involved, I always suggest to wait until we know who we are dealing with so that we may assess better whether media can be helpful or not.

I hope this helps,

Taradji Law Offices

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Answered on 9/29/07, 2:38 pm
Eugene Hollander The Law Offices of Eugene K. Hollander

Re: Body Mixup

First, I am terribly sorry for your loss. You may very well have a claim for negligent infliction of emotional distress. We handle claims like this. Please provide me with your contact information upon receipt of this e-mail. I look forward to hearing from you.

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Answered on 9/29/07, 2:53 pm
Matt Belcher Belcher Law Office

Re: Body Mixup

I think you should hire a lawyer and speak with the media immediately.

This is an outrageous incident which requires a public outcry.

Keeping quiet in the face of this disregard for the sanctity of a human being would compound the injury and not serve the broader public good.

This is not just a legal issue this is a human issue.

I would strongly disagree with anyone who wants you to "keep this quiet" in order to maximize a financial return.

That is my advice,

Matt Belcher

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Answered on 9/29/07, 3:04 pm
John Eliasik Citizens' Law Office

Re: Body Mixup

I am sorry to hear about your situation. In my opinion, you have a legitimate claim against those who committed this horrible act of negligence.

Before you speak to the media, you absolutely must consult with an attorney.

I would be more than happy to assist you. Please contact my office to discuss the situation in greater detail. If you chose to consult with another attorney, please do so as soon as possible. I wish you good luck in your pursuit of justice.

Again, my sympathies.

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Answered on 9/29/07, 3:19 pm


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