(Q3) Torts & Ethics (pg. 23-30)
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Tort
An offense against a person or their property
What will a court do if a tort has been committed?
Court may award relief in the form of money damages
Elements of Proof for an Intentional Tort
• volitional act • intent • causation • injury
Elements of Proof for a Negligent Tort
• duty of care • breach of the duty • causation • damages/injury
Pallsgraf Case
• element of “foreseeability” • Forsee that your actions may cause injury
What type of tort are funeral homes most likely to face?
Intentional or negligent infliction of emotional distress
Physical Harm Requirements
• Some states require an impact, a physical touching or harm, or a zone of danger • Some courts have held that plaintiff’s suffering from headaches, lack of sleep and appetite, stomach pain, etc.
Examples of Torts Committed by Funeral Homes
• Negligent embalming • Failure to call the cemetery to set up for disposition • Burial in the wrong grave (fh and cemetery) • Ordering the wrong vault or failure to order it • Mishandling of deceased or cremated remains. • Cremation of wrong person • Conducting arrangements with someone other than authorized person • Breach of funeral service contract and failure to act with due diligence in all matters regarding the funeral • Negligence of agent drivers • Failure to keep your premises safe • Failure to properly identify and tag deceased when making a removal
Ethics
a set of principles that determine and dictate what the morality of the conduct of a reasonably prudent person should be with respect to their association and relationship with others, both professionally and socially
Difference between Law and Ethics
• Laws set a lower standard of what is acceptable conduct • Ethical standards are higher • An unethical action is not necessarily a crime • A crime is generally an unethical act
Ethical Conduct as Applied to Funeral Homes
• A primary goal should be more than just making a profit • Funeral homes held to a higher ethical standard than other businesses • Conduct should emphasize “best service possible” • courts have held funeral homes to a higher degree of care than normal because of the mental suffering that the family is already experiencing when they come to your funeral home • Practice “Total Quality Management”; ensure that all employees practice ethical conduct • Comply with “Ethical Rules” enacted by State Department of Professional Regulation