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Donation of a Body
Body
Donations
Dangers of Body
Donations: No Obligation to Track or Return Remains to Family
In the second decision in as many years on the issue of bodies donated
to science, the California state appeals court ruled that the University
of California's "willed body program" had no responsibility
to keep track of the bodies donated to it nor to return the cremated
remains to the family.
Unlike the liability in the private sector, the state university
is specifically exempted from charges of mishandling a corpse.
The court explained the distinction by stating, "[Private
sector] funeral-related services are principally for the comfort
of the living, having as their aim the consolation of the leading
mourners.
The expectations of the survivors, and 'the essence of the contract
for such services is a reasonable expectation of dignity, tranquility,
and personal consolation.' In contrast, the mission of UCI's WBP
[University of California's Willed Body Program] is to obtain
cadavers for study and dissection by medical students.
In recognition of this distinction, the Legislature specifically
exempted public institutions, hospitals, and medical schools from
the Funeral Directors and Embalmers Law." This decision,
Conroy v. Regents of the University of California, is consistent
with an earlier decision by the court in the Bennett case and
reported in the October 25, 2005 edition of ICCFA WIRELESS.
Both decisions suggest, at least implicitly, that individuals
and families donating bodies to science waive their expectation
of having the remains treated in a dignified manner and returned
for interment or memorialization.
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