Daughter of deceased patient sues hospital for losing funeral shoes
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She will be compensated for moral damages
The daughter of the deceased patient set out to punish the hospital staff for the loss of funeral shoes. The woman handed over expensive shoes to the morgue, and at the funeral ceremony she discovered that the parent was wearing ordinary white slippers.
As “MK” learned, the unfortunate incident that occurred during preparations for the funeral of the patient happened in the hospital. Rozanov to the dock. This spring, a man died in the cardiology department of a medical facility. His daughter Maria (name changed) entered into an agreement with the hospital, according to which specialists were to prepare the deceased for burial. The woman also handed over clothes to the morgue: a suit and slippers bought at the funeral home. However, when the body of the deceased was handed over for burial, the plaintiff discovered that her father was wearing white Czech shoes instead of the boots she had prepared.
After the funeral, Maria decided to find out where the purchased shoes had gone and seek compensation. The hospital staff agreed to reimburse the cost of the loss – according to the woman, the shoes cost her 6,000 rubles. However, Maria also demanded compensation for non-pecuniary damage, to which the hospital no longer agreed. Then the woman turned to Themis for help, as she considered that her consumer rights had been violated.
In court, the hospital staff did not deny that they did not keep track of the shoes. The fact is that the institution does not have a clear regulation on the reception and storage of funeral clothes. Packages from relatives are simply folded on the couch. At what point the shoes intended for the deceased disappeared, no one knows. A spokesperson for the hospital explained that Mary had received several apologies and condolences.
The Pushkin Court came to the conclusion that in this case we are really talking about a violation of the Law on the Protection of Consumer Rights. As part of the agreement, the hospital had to ensure the proper storage and further use of the accepted clothing. Since the hospital representatives admitted that they lost the shoes, they should be held responsible for this. However, Maria did not provide evidence of the announced value of the boots. Therefore, the judge ordered the defendant to pay the woman only compensation for non-pecuniary damage – 6,000 rubles – and a fine – 3,000 rubles.
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