HUMA 1825 Chapter : Melfi v. Mount Sinai Hospital Notes

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John melfi v. mount sinai hospital et al (2009) Despite claims from dr. bruns (operating surgeon) of making two calls, they were undocumented: his body remained in the hospital for 30 days, after which it was transferred to another morgue. There was no record of the hospitals attempting to contact a next of kin. The health and hospital corporation (hcc) complained that the court erred because the plaintiff"s notice was untimely. Hhc"s claim was rejected because it fails to recognize the essential nature of the right of sepulcher, a unique cause of action among the torts recognized at common law. For thousands of years the right of sepulcher was solely emotional injury: less of a quasi-legal property right and more of a legal right to the next of kin finding solace and comfort . The cause of action does not accrue until interference with the right directly impacts the solace and comfort .

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