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Torts/Personal Injury

Sep. 5, 2024

Is mishandling a corpse a tort?

Jessie Marie Peterson's family is suing Mercy San Juan hospital in Sacramento for failing to notify them of her death and transferring her body to an off-site morgue, where it was left to decompose beyond recognition. California recognizes that the tort of negligence can apply when a corpse is mishandled.

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Jessie Marie Peterson checked into Mercy San Juan hospital in Sacramento on April 6, 2023. The 31-year-old had a history of diabetes and suffered a diabetic episode. Two days later, Jessie's situation deteriorated and she died. But Mercy San Juan never notified Jessie's family of her passing. Instead, hospital officials told them that Jessie signed herself out of the hospital against medical advice. More than a year and immeasurable grief later, Jessie's family finally learned ...

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