MORTUARY LAW TEST 2 Flashcards
COMMON LAW
DETERMINES WHO HAS LIABILITY TO PAY FUNERAL BILL–SPOUSE–PARENTS–DEPENDANT KIDS—PARENTS NOT LIABLE FOR KIDS MINOR BILLS— PAGE 39
VOLUNTEER
INDIVIDUAL WHO VOLUNTEER TO PAY FUNERAL BILLS
WHO PAYS–
STATE OR COUNTY GOV. WHO PAY THE FUNERAL BILL
TORT ARE
INDIVIDUAL LAWS—WRONGFUL ACT COMMITTED BY ONE PERSON AGAINST ANOTHER PERSON AND OR THEIR PROPERTY
TORTS ALSO ARE
INVASION OF RIGHTS–OBSTRUCTION OF FUNERAL ARRANGEMENTS–MUTILATION—WRONGFUL WITHHOLDING
WRONGFUL WITHHOLDING
OBSTRUCTION OF FUNERAL ARRANGEMENTS
2 DUTIES GIVEN BY LAW THAT IMPACT FUNERAL DIRECTOR
- NOT TO INTERFERE WITH RIGHT OF BURIAL 2. CARE IN KEEPING THE FUNERAL HOME PRENISE IN A REASONABLY SAFE CONDITION
INVASION OF RIGHTS INCLUDE–»»»»>
UNAUTHORIZED EMBALMING–VARIES FROM STATE TO STATE— TEXAS DOES NOT REQUIRE EMBALMING
> > > > > > > UNAUTHORIZED PHOTOS OF DECEASED
BURIAL IN ABSENCE OF NEXT OF KIN– RIGHT TO PRIVACY ..CONFIDENTIALITY–FAILURE TO COMPLY WITH WISHES OF FAMILY
LOUISIANA REQUIRES»»>
HAVE TO BE EMBALMED IF COMING THEIR FROM ANOTHER STATE
WITHIN 3 DAYS HAVE TO GET
PERMISSION TO EMBALM
FTC–FUNERAL RULES SAYS
EMBALMNG IS NOT REQUIRED BY LAW EXCEPT IN CERTIAN CASES–2.EMBALMING MAY BE NECCESSARY,HOWEVER IF U SELECT A CERTAIN FUNERAL,,,ARRANGEMENTS SUCH AS A FUNERAL WITH VIEWING
FTC RULE– SAYS ALSO
IF U DONT WANT EMBALMING U HAVE THE RIGHT TO CHOOSE AN ARRANGEMENT WHICH DOES NOT REQUIRE U TO PAY FOR EMBALMING,LIKE DIRECT CREMATION OR IMMEDIATE BURIAL
EMBALMING»
ALWAYS REQUIRES WRITTTEN PERMISSION TO EMBALM-OVER THE PHONE HAVE THE FAMILY SIGN–DOCUMANT WITHIN 3 HOURS WITHOUT PERMISSION…AS LONG AS U DONT HAVE REFRIGERATION–MUST BE THE INDIVIUAL AUTHORIZED—-
INVASION OF RIGHTS
> > > > > NOUNAUTHORIZED PHOTOS OF THE DECEASED»_space;»>
INVASION OF RIGHTS»»>
FAILURE TO COMPLY WITH WISHES OF THE PARTY RIGHT TO CONTROL THE FUNERAL ( KNOW WHO IS IN CHARGE)
OBSTRUCTION OF FUNERAL ARRANGEMENTS
- HOSPITAL OR INSTITUTION 2.WRONGFULULLY HOLDING REFUSING TO RELEASE REMAINS OF DECEASED BEYOND THE TIME NECCESARY TO COMPLETE AN AUTOPSY OR PAPERWORK… 3..PUBLIC OFFICIALS4. NOT RELEASING ABODY IN A REASONABLE PERIOD OF TIME WHEN THE BODY IS HELD FOR FORENSIC OR LRGAL PURPOSES 5.REGARDING QUESTIONABLE DEATHS OR CERTAIN MODES OF DEATH ) SUCH AS MURDER OR SUICIDE..6. BY THE FUNERAL DIRECTOR—FAILURE TO PROCEDD WITH SELECTED FUNERAL ARRANGEMENTS—-ESPECIALLY DUE TO NONN PAYMENT OF THE FUNERAL BILL
MUTILATION
ALTERING OF AN OBJECT OR DEAD HUMAN BODY FROM ITS ORIGINAL CONDITION——BASED ON EMBALMING IS A FORM OF MUTILATION—–DUE TO THE FACT THAT IT ALTERS THE DEAD HUMAN BODY FROM ITS ORIGINAL CONDITION
UNAUTHORIZED EMBALMING
ALWAYS OBTAIN EXPRESS WRITTEN AUTHORIZATION TO EMBALM THE BODY
IF U DONT HAVE REFRIGERATION
DOCUMANT THAT U HAVE TRIED AND CONTINUED TO GET IN TOUCH WITH THE FAMILY FOR 3 HOURS
MUTILATION
RIGHT OF POROCESSING IMPLIES RECIEVING THE BODY IN THE SAME CONDITION AS AT THE TIME OF DEATH—UNTIL PERMISSION TO EMBALM IS GIVEN
MUTILATION
UNATHORIZED RMOVAL OF USTACHE,BEARD–INCLUDES MALE OR FEMALES— ALWAYS GET WRITTEN PERMISSION
MUTILATION
NO REMOVAL OF TISSUE,ORGANS OR MEDICAL DEVICES—–INCLUDES INVASIVE REAATORATIVE ART PROCEDURES—-BEYOND NORMAL RESTORAITVE ART PROCESSES–(COSMETIZING ,MINOR TISSUE BUILDING )
MUTILATION
PERFORMING PROCEDURES OTHER THAN THOSE REQUIRED FOR NORMAL EMBALMING
EXCEPTIONS TO UNAUTHORIZED AUTOPSY–
- RIGHT OF PUBLIC OFFICIAL OR HEALTH OFFICERS–2. CORONER 3. MEDICAL EXAMINER 4. JUSTICE OF THE PEACE
OTHER TORTS..»»
1.RELATED TO CONTRACTURAL OBLIGATIONS—BETWEEN FUNERAL DIRECTOR AND FAMILY–3. FUNERAL CONTRACT IMPOSES EXPRESSED ,IMPLIED DUTIES ON FUNERAL DIRECTOR–MAY INVOLVE NEGLIGENCE–
NEGLIGENCE ….»»»»»>
FAILURE TO EXCERCISE ORDINARY CARE–LACK OF DUE CARE—-ACT OF OMMISSION—-ACT OF COMMISSION—NOT DOING WHAT A REASONABLE PERSON WOULD DO……
OMMISSION»»»>
FAILURE TO DOING SOMETHING WHICH A REASONABLE PRUDENT PERSON WOULD DO UNDER ORDINARY CIRCUMSTANCES–»»>
COMMISSION..»»>
DOING SOMETHING–WHICH A REASONABLE PRUDENT PERSON WOULD NOT DO UNDER ORDINARY CIRCUMSTANCES
TYPES OF NEGLIGENT ACTS …»»>
- NEGLIGENT EMBALMING 2 .INADEQUATE DISINFECTION-PRESERVATION ,RESTORATION–..3. EARLY DECOMPOSITION 4. ESPECIALLY WHEN SHIPPING REMAINS—
> > ..NEGLIGENT FUNERAL DIRECTING
- NOT MAINTAINING BODY IN SUITABLE CONDITION PENDING FINAL DISPOSITION LIKE NOT EMBALMING OR REFRIGERATING—- 2. NOT HONORING FAMILY REQUEST 3. IMPROPERLY SUPERVISING CEMETARY BURIAL
