A Jewish woman has filed a lawsuit against Hackensack University Medical Center, alleging that the hospital misplaced her stillborn son’s remains and performed an unauthorized autopsy, disregarding her religious beliefs and explicit instructions, Lakewood Alerts reported.
The 34-year-old mother, who underwent an induced birth of her stillborn son at the northern New Jersey hospital on September 28, 2022, had explicitly declined an autopsy, as per halacha and already knowing the reason for why the child was stillborn – he had a congenital heart defect. The lawsuit, filed in August in U.S. District Court, asserts that despite the woman’s clear refusal, an autopsy was performed nearly a year later without her consent.
According to the lawsuit, the woman had signed a consent form permitting only a basic examination of her son’s remains, explicitly prohibiting a full autopsy. She left the hospital trusting her son’s remains would be handled according to her wishes, with arrangements for interring the baby’s remains within four weeks.
Court papers allege that it wasn’t until July 2023—almost a year after the birth—that she discovered by chance that the hospital had conducted an autopsy. The suit claims the hospital initially misplaced the remains in the morgue due to the infant’s small size, leading to a delay in further action until February 2023.
The filing further states that Hackensack University Medical Center hired a fetal pathologist in June 2023, and the unauthorized autopsy was conducted in July of that year.
The suit accuses the hospital of professional negligence and negligent infliction of emotional distress, arguing that the hospital’s alleged failure to properly store, locate, and respect the remains caused the woman severe emotional trauma.
The lawsuit also contends that the hospital’s actions breached her personal and religious wishes, intensifying the grief and distress she has endured.
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8 Responses
The tzaar of the mother is huge, lo aleinu
However Hackensack bends over backwards to accommodate the frumme with great devotion
The neshama had its taken, no isur was done , a nefel, as she didn’t give reshus, and if an overzealous doc wanted to learn something, nu, the lawsuit is coming from deep pain and maybe not to set a precedent, bgan eden tehay menuchasa
only Jewishness is left in this world…the idea of other hostile relationships with an idol or pretending money god has replaces all….shame….there is only one Israel….one jew…..this will only be the existence in the world….215 years to 6000….either come home or shut up…tired of your silly nonsense
@meir G
You pretend to have feelings for the mother, but you sound more worried about making the hospital upset. I don’t understand your point.
@meir G
Halacha says that a stillborn child must be buried. If it’s a boy he gets a bris. They get named as well.
We all end up paying for these lawsuits in higher medical bills. There is no allegation that there was any deliberate action here and given the fact pattern, there was likely a communication breakdown with respect to the parents’ preferences and directives. I feel sad for the mother but perhaps the best outcome would be a settlement agreement where the hospital will provide additional training to the relevant professional staff on how to deal with these situations
With all due respect and empathy for the mother and family?
What happened in October 2022; why weren’t the baby’s remains interred within four weeks????
If already lost, why wasn’t a to do made then?
Didn’t the parents call a chevra kaddisha service to bury the baby? If the remains were missing or lost someone should’ve known and done something long before July no? Not always do we have to understand every story I guess…
dorah,
So your main concern is higher medical bills but you also feel sad for the mother? How sweet! Perhaps the best outcome would be if you are autopsied and then cremated, you heartless kapo!