Reference no: EM133199888 , Length: 2 pages

Question 1. A premature infant was delivered at Woman's Hospital by the plaintiff. The child died shortly after birth, and the plaintiff was assured by the floor nurse that the hospital would take care of the infant's burial. When the mother went to the obstetrician for an examination six weeks later, she was given her folder to hold while waiting for the physician. She found in it a note from the pathologist about disposal of the baby's body. When the plaintiff asked the physician about the disposal of the body, he instructed his nurse to take her to the hospital across the street to see someone who would tell her what had been done with the baby. When the woman and the nurse found the person, the plaintiff was handed a large jar with the baby's body inside. As a result, the plaintiff suffered nightmares, could not sleep, was depressed when she was around children, had surgery for a pseudopregnancy, and required psychiatric treatment. Should a patient-physician relationship include the contract to dispose of a dead body?

Question 2. The plaintiff's 18-year-old son died suddenly at home. His body was taken to the hospital, where the cause of death could not be found without an autopsy. The deputy medical examiner ordered a postmortem examination. The plaintiff was a member of the Jewish Orthodox faith and refused the postmortem examination of his son on the basis that religious conviction prohibited any molestation of the body after death. Is freedom of religion curtailed by a law that has a compelling state interest?