emotional distress: hospital failed to notify parent's death

[SeaView]

What is the name of your state? CA

My father died while in the hospital, and the hospital failed to notify me after he passed away, despite the fact that my name appeared as an emergency contact in his chart. By the time I discovered his death, the hospital had already sent the body to the county morgue, and my family was unable to claim the remains for a full month.

What do I need to do to file suit for infliction of emotional distress, and what's the statute of limitations in such a case?

[Ozark_Sophist]

You would need damages. You would need to show the hospital intentially failed to call you in order to inflict further emotional harm or distress.

I am sorry for your loss but urge you to continue the grief process--not delay by filling a lawsuit which will only amplify your feelings and not lead to any satisfaction.

Making next of kin notifications is difficult--particularly if family has not been involved in the patients care while at the hospital. Generally, the NOK will be called but if there is no answer or an answer by someone other than the contact person, the message might not be relayed.