TORTS - RECOVERY FOR MENTAL ANGUISH IN UNAUTHORIZED AUTOPSY CASES

Authors

Brooks F. Crabtree, University of Michigan Law School

Abstract

In the cases involving autopsies which are unauthorized, consent for their performance not having been obtained prior to their execution, the courts are fairly well committed to the proposition that a cause of action to recover for the mental anguish caused by the autopsy exists in favor of some person closely connected to the deceased. However, the grounds upon which this recovery has been based are varied, and not altogether consistent; and it is the purpose of this comment to discuss these several grounds and to attempt an evaluation of them, in the hope of arriving at some conclusion as to the proper basis of such recovery. In order to restrict the discussion, no mention will be made herein of the difficult and, as yet, inadequately answered problem concerning the person to whom this cause of action accrues. It will be assumed that the deceased was a male who died leaving a surviving spouse, and that she is the person entitled to any and all relief available under any of the several grounds of recovery to be discussed.

Recommended Citation

Brooks F. Crabtree, TORTS - RECOVERY FOR MENTAL ANGUISH IN UNAUTHORIZED AUTOPSY CASES, 41 Mich. L. Rev. 308 (1942).
Available at: https://repository.law.umich.edu/mlr/vol41/iss2/10