Gestion des décès et erreur administrative

L’établissement hospitalier en charge de la présentation du corps a commis une erreur d’identification qui a conduit à la mise en bière et à l’incinération d’une patiente, décédée accidentellement, alors que la famille de la défunte avait exprimé le souhait que celle-ci fût inhumée. L’hôpital a été condamné à réparer le préjudice moral et affectif subi par la fille et le petit-fils de la défunte, ce préjudice prenant également en compte le fait que les opérations médico-légales permettant de déterminer la cause du décès ont été rendues impossibles et que les conditions d’un enterrement religieux de la défunte n’ont pu être remplies ((TA Nice, 1ère chambre, 5 janvier 2007, M. et Mme H., n° 0305482.)).

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