Ch 4 practitioners and staff

Question 1

The attention reasonable expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation
-Reasonable and prudent actions exercised by establishing and following certain standards

Answer 1

Due diligence

Question 2

What are the four key components establishing due diligence that will reduce the liability exposure of a funeral director?

Answer 2

1. Reasonable and prudent actions
2. Establish and follow standards of care
3. Training and communication
   -Regulatory compliance
   -Risk management
4. Documentation

Question 3

What are some examples of documentation that the funeral establishment should maintain?

Answer 3

-Inventory of personal property
-Body tracking report
-Written authorizations and releases
-Embalming case reports
-Custom merchandise order
-Scheduled facility inspections
-Third party crematory inspections
-Vehicle maintenance records
-Applications for survivor benefits
-Facility maintenance records
-Staff training programs

Question 4

Private or civil wrong against a person or their property, other than by breach of contract, where there may be action for damages (a settlement)

Answer 4

Tort

Question 5

Exists when an individual knowingly and intentionally engages in conduct with the intended result that another will suffer some sort of damage or loss
-FD has liability

Answer 5

Intentional tort

Question 6

Exists when an individual carelessly or negligently engages in conduct that results in an unintentional damage or loss to another
-FD has liability

Answer 6

Negligent tort

Question 7

Provides an individual or entity may be held liable for their conduct without the need to prove an act was either intentional or negligent
-Ex. product liability

Answer 7

Strict liability

Question 8

What are the duties of the funeral director?

Answer 8

-Safeguard the body
-Care of the body
-Preparation of the body
-Final disposition of the body

Question 9

What are the three circumstances under which a FD can charge a family for the embalming

Answer 9

Federal trade commission (FTC) states that the following circumstances must be met
1. State or local law requires embalming under the particular circumstances
2. The FD has obtained prior approval for embalming from family or authorized person
3. FD is unable to contact family or authorized persons after due diligence

Question 10

What does the FTC require before embalming

Answer 10

Authorization from the party with right of disposition

Question 11

What is a mutilation?

Answer 11

Any changes in the dead body other than by natural causes
-Ex. an embalming

Question 12

Licensed funeral director is liable for the photographs taken of a dead body:

Answer 12

Whenever the photograph is shown without authority to a third party

Question 13

As an act of due diligence, an embalming report should:

Answer 13

Be routinely prepared by the funeral establishment/ practitioner

Question 14

Restorative art work performed on the deceased body without authorization of party of right of disposition is legally classified as:

Answer 14

Mutilation

Question 15

The next of kin, family, someone has the rights in the dead body

Answer 15

Sepulcher

Question 16

The court affirmed right of a family to provide for a decent and proper funeral without any unreasonable interference form others

Answer 16

Right of non interference

Question 17

A claim or charge against real or personal property for payment of some debt

Answer 17

A lien
-Cannot be a lien against a human body because a human body is not personal property

Question 18

A condition which may result from an outrageous intentional or grossly negligent act and may be accompanied by physical injury

Answer 18

Mental anguish

Question 19

Any failure to perform a professional service with the ability and care generally exercised by others in the profession

Answer 19

Malpractice

Question 20

Appropriate and helpful acts of counseling, personal and/or written contract that come after a funeral

Answer 20

Aftercare