Is ABC Hospital liable for the emotional harm caused to the family after mishandling a corpse?

In the context of tort law, particularly regarding emotional harm caused by the mishandling of a corpse, the nature of the negligent conduct is critical. The emotional distress, in this case, stems from a significant breach of expected standards for dignity and respect associated with handling a deceased loved one. Courts recognize that mishandling a corpse can cause profound emotional trauma, and negligence in this sensitive matter can lead to liability.

This position acknowledges that there is a heightened sensitivity surrounding the treatment of human remains, and a failure to adhere to appropriate standards of care can justifiably lead to claims for emotional distress. It's essential to consider that the emotional impact on the family transcends simple protocol adherence and raises fundamental principles of respect and dignity in handling such situations.

The other choices do not align with established legal principles in tort law. Following hospital protocol may not adequately address the specific harm caused by negligence in this context, as protocol can be insufficient if it does not prioritize the proper treatment of a corpse. The requirement for family presence during the incident is not a necessary condition for claiming emotional harm; the impact can extend to family members even if they were not physically present. Finally, while there are discussions about compensability of emotional harm, many jurisdictions do allow for recovery in