Basically, if somebody passes away in another state and the next of kin is never contacted while this person is in the hosptal or after he dies is there legal recourse?

I would suspect that if a reasonable effort was made to track down next of kin, there really wouldn't be any recourse. It would probably also depend on time of admittance and time of death, as that timeframe could be very slim.... I suppose you're not having a very good day, eh? (with a question like that)

No, there really wouldn't be any legal recourse. Under what grounds would you sue the hospital for?

Edited October 24, 200520 yr by Croc

I think that it would depend on how quickly the patient died, cause, and how much effort was put into finding the family. Example If someone is in a car accident and they die en route to the hospital and the family is not contacted immediately. I would be ok with it if the hospital showed it took all the right steps to reach a relative. If the death were slow I say that they may have SOME recourse but not much. If they died because they needed an organ like a kidney or something and a relative would have fit the bill then possibly more action would be possible.

I can't imagine politicians making a law regarding this and having it contingent on a timeframe. It would be too unweildy and pretty unenforceable.

Rushed to the hospital on May the 7th. Brain Anyersym (sp??) in Oregon. Pronounced dead 10 days later on the 17th. Body sat in the morgue until June 10th which is when it was turned over for creamation. Absolutely no effort was made to contact next of kin, that's from the hospital, the social worker, and the place that took possession of the remains. No autopsy was done. That's 41 days they had to try to track somebody down (which they had a mailing address for, AND my fathers name for next of kin). They did nothing. The Social Worker signed off on the creamation and the remains going to the place he rests now. We called the place his remains are at now, they were stunned to hear nobody was contact considering the information was all pertinant. Yes, Stace. It's been a rough weekend here in the house.

Sounds like reasonable grounds for a case. I would contact a lawyer and see what they have to say.

With these facts in mind, I agree, you seem to have been slighted and may very well be entitled to some form of compensation.