Corpse rights (UK)?

[Ratiocinator]

I received some bad news earlier today: a friend died (iatrogenic death).

The doctor refused to sign the death certificate and now they are likely to perform a post-mortem. This, and keeping the body in cold storage, is contrary to the Islamic beliefs of the deceased and of the family. There was much arguing with the police, prior to them taking the body away to the morgue. This is totally against the wishes of the deceased and family.

I guess the state is claiming their property? I wonder how the freeman situation could, if at all, come into play here, and in similar post-life situations.

What gives the government the right to claim a corpse? What if the corpse is a freeman of the land who has declared this fact during life? Is the onus on the relatives to claim lack of contract with the state?

Does anyone have any opinion / info on this area?

[pleasuredome]

Interesting dilemma. i have no idea on that one

[1694]

Some legal info here:

http://legal-dictionary.thefreedictionary.com/Corpse

Thoughts are with the family.

[Ratiocinator]

Thanks. I will pass on the link to them.

[rob menard]

I do but you wont like it.

"Let the dead bury the dead."

I forget who said it....

[Ratiocinator]

If you could clarify that, I would be grateful.

[boots]

I received some bad news earlier today: a friend died (iatrogenic death).

The doctor refused to sign the death certificate and now they are likely to perform a post-mortem. This, and keeping the body in cold storage, is contrary to the Islamic beliefs of the deceased and of the family. There was much arguing with the police, prior to them taking the body away to the morgue. This is totally against the wishes of the deceased and family.

I guess the state is claiming their property? I wonder how the freeman situation could, if at all, come into play here, and in similar post-life situations.

What gives the government the right to claim a corpse? What if the corpse is a freeman of the land who has declared this fact during life? Is the onus on the relatives to claim lack of contract with the state?

Does anyone have any opinion / info on this area?

Sorry to hear this.

The Government has claim to the body of the dead, because they claim the body of the living.

I find this very disturbing that in the UK they do not recognize and respect individual religious belief's, meaning when someone die's.

This best I can suggest is get a lawyer to make a Claim of Right to the director of the morgue. Making him/her accountable with full commercial liability


.

[Ian2day]

Thinking back now I believe that the body of the deceased "person" is the property of their estate. So if they die intestate (without a valid will), then it is upto the district area probate officer to see that the estate is received by any remaining family members who are entitled to make a claim on the estate. So were they a sovereign human being or a person? This in no way constitutes legal advise. It is just speculation.

[pleasuredome]

I do but you wont like it.

"Let the dead bury the dead."

I forget who said it....

this might seem like stupid question, but would a dead body constitute abandoned property, and so the state claims it?

[dreamweaver]

If a coroner believes a post-mortem is necessary, then I would put his judgement above the family's. I don't see why any special concessions should be made on religious grounds. The law should apply to everyone equally.

[keystone]

From Online Medical Dictionary (http://cancerweb.ncl.ac.uk/cgi-bin/omd?iatrogenic)

iatrogenic

Induced inadvertently by the medical treatment or procedures or actvity of a physician. Originally applied to disorders induced in the patient by autosuggestion based on the physician's examination, manner or discussion, the term is now applied to any adverse condition in a patient occurring as the result of treatment by a physician or surgeon, especially to infections acquired by the patient during the course of treatment.

I'm guessing the PM is required to establish the precise cause of death and therefore, whether anyone was negligent.

[rhydra]

Religious grounds or not the state is riding roughshod over people's beliefs and causing them distress. A post mortem could be carried out in a short time in some cases. What happens when the government lays claim to everyone's organs?
My sympathies to the family.

[Ratiocinator]

Thank you, all, for your replies.

Regarding the comment that the law should apply to all: That is really the point of this thread; who does the law apply to? How does it apply to all and, in particular, what are the rights of the dead?

I always wondered how the law applies to me. I had to be born somewhere, and I have to live somewhere. I am not a fish, so that somewhere had to be on land (ignoring boats, aircraft, etc.). As a child I acknowledged that I never consented to be ruled over by others, especially those unworthy.

The coroner was apparently not available during the hours proceeding death. It was the doctor who said the post-mortem might be required. Although beliefs of the deceased should be respected, that is not really what this thread is intended to discuss.