Law and Morality- 1 Course Kit Reading
John Melfi v. Mount Sinai Hospital
1. The facts of this case are:
-October 28, 2001Leonard Melfi died at Mount Sinai Hospital
-Body remained in Mount Sinai hospital morgue for 30 days (Nov. 28), then moved to Bellevue
Hospital city morgue
-Although testified, no documented nursing care life-saving treatment initiated, or documented
attempts in phone calls in an effort to read Ms. Tedesco (next of kin) right after the death, or
during the period the body was at the city morgue.
-Subsequently, body was sent to Nassau Community College’s Mortuary Science Department
before it was finally transferred on December 20 to City Cemetery on Hart Island (Potter’s Field)
in a mass grave.
-Two months after burial, February 2, 2002, niece Dawn Kosilla contacted by Hotel where Melfi
collapsed in notification of her uncles death. Family then contacted John Melfi, brother, and then
he contacted Ms. Tedesco who had not been informed of the death.
-John Melfi immediately started making inquiries in an effort to locate brothers body, enlisted
assistance from local media, then found the facts and had the body exhumated and buried at
the family burial plot in upstate hometown Binghampton, New York on April 18, 2002.
-May 2, 2002John Melfi served a notice of claim on defendants, Mount Sinai.
-October 21, 2002plaintiff commenced this action against defendants for medical malpractice,
wrongful death, loss of sepulchre, fraudulent concealment,