Professional Malpractice Lost Cremation Records

[marlenetski]

My fiancée's mother passed away in May. She was given a pauper cremation in Louisville, KY. Burial plans have been made in a different state and they need documentation of cremation. The original papers that were given to the family have been misplaced. After contacting the Louisville coroner's office multiple times to locate the funeral home used at that time, it was finally tracked down and it was located in Indiana. The funeral home has lost all electronic and paper documentation of his mother's cremation. He was told to just "dig" through her ashes to find a dog tag that has a reference number on it. Obviously, he and his siblings are devastated over this and will not do this. Can a lawsuit be placed for Malpractice on the funeral home or the coroner's office since this funeral home was outsourced? Please point this family in the right direction. Thank you.

 

[army judge]

My fiancée's mother passed away in May. She was given a pauper cremation in Louisville, KY. Burial plans have been made in a different state and they need documentation of cremation. The original papers that were given to the family have been misplaced. After contacting the Louisville coroner's office multiple times to locate the funeral home used at that time, it was finally tracked down and it was located in Indiana. The funeral home has lost all electronic and paper documentation of his mother's cremation. He was told to just "dig" through her ashes to find a dog tag that has a reference number on it. Obviously, he and his siblings are devastated over this and will not do this. Can a lawsuit be placed for Malpractice on the funeral home or the coroner's office since this funeral home was outsourced? Please point this family in the right direction. Thank you.

Please pass along my condolences on the loss of their loved one, to the family of the dearly departed.

Any of the family can discuss this with a local attorney.

The consultation is often free of charge, and will reinforce what I've posted below.

The family can also discuss the rude, lack of care, concern, or compassion with any number of elected county, city, or state officials.

They may be able to offer a solution of which I have no knowledge.

I see nothing actionable, as they have suffered no damages.

Yes, they have suffered mistreatment, slights, a just don't care attitude; but they received what they paid for, didn't they?

They (the decedent's family) never contracted with the funeral home.

Apparently mother died without funds sufficient to bury or cremate her remains.

That is sad, but it happens hundreds of times each day all across the USA.

Her family wasn't notified, or didn't have the funds to bury or cremate mom, so the county (the taxpayers) attended to those matters.

The family has suffered no financial loss, and have no damages, other than having been recipients of insensitive, callous remarks.

Sorry, rudeness is not an actionable tort at law, thank God it isn't.

If it were, no one would have any (or not much) money.

They are free to do as they were directed.

 

[Betty3]

I don't see anything actionable either - it was an "honest error". They didn't lose the records on purpose. Things like that happen sometimes.

 

[Proserpina]

I'm in agreement - and AJ spelled it out very, very effectively

Please also pass on my sincere condolences. It's never easy, and our path through grief can leave us feeling lost, bewildered, angry, and just about every other possible emotion.

 

[disagreeable]

Frankly, there is nothing morbid about getting the tag number. I spread and buried my fathers ashes personally. Have a friend do it.

 

[Proserpina]

Small anecdote:

Imagine if you will, a young lady wearing a flimsy skirt and 4 inch heels, climbing over snow drifts in Fargo, in mid-February, during a blizzard, trying to spread her loved one's ashes into the Red River.

I swear I can still feel the frostbite

 

[disagreeable]

The first part sounded really hot. It kinda went downhill from there. Nice to see others believe in final wishes.

Small anecdote:

Imagine if you will, a young lady wearing a flimsy skirt and 4 inch heels, climbing over snow drifts in Fargo, in mid-February, during a blizzard, trying to spread her loved one's ashes into the Red River.

I swear I can still feel the frostbite

 

[chalnikkal]

It's never easy, and our path through grief can leave us feeling lost, bewildered, angry, and just about every other possible emotion.

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GuL