It is well established law that the bereaved family has the right to get possession of the deceased as well as have a swift burial. An associated right is that the body should not be harmed or damaged. It should be surrendered intact to the family. The law recognizes that there can be great emotional pain to the survivors when these wrongs occur. This right belongs to the immediate family members.
In view of the Covid-19 deaths, many families could not take swift possession of their loved one. Also, bodies were damaged, such as storing them without refrigeration. Burials were delayed greatly. With some faiths, a quick burial is a religious requirement.
If you have experienced any of these, you may have a case against either the hospital or the funeral home. It appears that neither the hospital, nursing home, nor the funeral home will be exempted from liability based on the qualified immunity discussed in the lead article.
Of course, the facts must be reviewed carefully by an attorney. We have handled these cases before the onset of the Coronavirus crisis, and we are able to evaluate these cases.