Clowning with Corpse of Nursing Home Resident Ruled Legal in Michigan
The Michigan Court of Appeals ruled that three employees of a nursing home had been wrongly convicted of nursing home patient abuse. The appeals court ruled that because the dead cannot be classified as patients, the three employees could not be found guilty of the crime of patient abuse. The Attorney General had filed misdemeanor charges of patient abuse against the three employees who had already been fired from their jobs following the incident. The Attorney General's rationale was that the corpse was still under the care of the nursing home and therefore should have been treated responsibly. The judges ruled that the actions of the employees--including posing for pictures with the corpse and asking the woman to wake up--may have been "reprehensible and disrespectful," but were not criminal, since Michigan has no statute against corpse abuse.
Of course, the treatment of the corpse is a window into the employees' attitudes, and it does make one wonder about the incidence of nursing home neglect at the home.
In Pennsylvania, however, there is a statute against corpse abuse. Pennsylvania statute 5510 states that "Except as authorized by law, a person who treats a corpse in a way that he knows would outrage ordinary family sensibilities commits a misdemeanor of the second degree." If you believe the remains of your loved one were not treated in a respectful manner at the nursing home, you may be able to receive compensation.
If your loved one has suffered as a result of nursing home abuse or neglect at a Pennsylvania nursing home, even after he or she has passed on, contact the experienced nursing home abuse lawyers at Pomerantz, Perlberger, and Lewis, LLP today for a free initial consultation and case evaluation.
