Cremation Liability And How To Avoid It
Many of you have heard the statement during my presentations on avoiding cremation liability that “Cremation at the present time is not reversible.” Most other forms of human remain disposition may be reversible-and as a result, a mistake in the identification of the human remains can be corrected. Since this option is not available when human remains are cremated, it is imperative that the necessary steps are taken to ensure they are correctly identified. The most litigated subject involving the industry concerns misidentification situations. The excellent resource book “Traversing the Minefield” by my good friends Michael Kubasak and William M Lamer, Jr. MD summarizes the current means for verifying identification of human remains as follows:
- Visual recognition
- Using a photograph either supplied by the authorizing agent or taken with the permission of that agent
- Matching physical characteristics (scars, tattoos, deformities,etc)
- Fingerprint comparison
- DNA analysis
- Dental record comparison
The last three methods are only be used by government officials or professionals in connection with a difficult situation. For a practical matter, industry members use one or more of the first three methods in the usual case. Visual recognitions is usually used, but it is very difficult for most people to identify the remains. It is very important that some member of the family or an appointed representative do the visual process in a careful and dignified manner. The location for the identification should be a separate area in a facility that is maintained in a clean condition. Remember that most people are not used to viewing human remains. Any steps that can be taken to simplify the process are appreciated. The purpose is to identify the remains, so it’s important that the industry member is in the position to be certain that a positive identification was performed. If there is any doubt that the designated person didn’t confirm the identification, then additional precautions should be taken. Whatever method is used, it is important that the authorizing agent execute a Release, Confirmation, Hold Harmless and Indemnification Form that confirms the identification, indicates the means it was done and protects every member of the industry that is involved in the process.
If you or a family member have any further questions or concerns with respect to cremation, cremation services, cremation costs or a direct cremation please feel free to contact Cremation Options toll free 24 hours daily at 1-877-989-9090.