NEW YORK (CN) – A hospital in Queens is not off the hook for releasing a Muslim man’s body for autopsy instead of giving it to his widow, but the New York Appellate Division dismissed a third-party complaint against the chief medical examiner who performed the procedure.
Lirije Juseinoski’s husband died of a heart attack en route to the New York Hospital Medical Center of Queens. Lirije told hospital staff that she would return in the morning to take his body to a mosque, but the body was mistakenly given to the medical examiner for autopsy.
The appeals court ruled that Juseinoski and her children have grounds for their emotional distress claim against the hospital because there are triable issues of fact, but they failed to show that the medical examiner lacked authority to perform the autopsy. See ruling.