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If you or your family is a victim of funeral home neglect and need a funeral home negligence lawyer, Ring Rizzuto at 1-855-RIZZUTO or visit our website at www.RizzutoLawFirm.com. We cover cases in Nassau County, Suffolk County or Anywhere on Long Island, New York City including The Bronx, Brooklyn, Manhattan, Queens, Staten Island or Westchester and beyond. News 4 New York reported a disturbing incident involving RG Ortiz Funeral Home, where the wrong body was shipped to Guatemala for a family’s funeral. This kind of mistake isn’t just painful — it’s a form of funeral home negligence. What is funeral home negligence? Funeral homes are entrusted with the sacred duty of handling a loved one’s remains with dignity, respect, and care. When they fail in that responsibility, the emotional and legal consequences can be devastating. Examples of funeral home negligence include: Shipping or delivering the wrong body Cremating a body that was supposed to be buried Burying a body that was meant to be cremated Losing or misplacing remains Improper embalming or storage leading to decomposition Mixing up ashes or giving families the wrong remains Disrespectful treatment of the deceased Failing to follow a family's explicit instructions These are not minor oversights — they are deeply traumatic errors that no family should ever have to experience. This video highlights the importance of holding funeral homes accountable when they violate that sacred trust. In this case the family of Emilio Garcia is suing a Queens funeral home following a mishap that led to the wrong body getting sent to a family trying to lay their loved one to rest. They paid Rivera Funeral Home in Corona owned by RG Ortiz to fly the body of the 39-year-old to Guatemala to be buried. However, instead of transporting their relative, the funeral home sent the body of a 96-year-old woman to the Central American country. The body was of Carmen Maldonado, whose family had been preparing for her funeral in Ecuador, where she had requested to be buried next to her husband. But before the funeral, her family saw a TikTok video that shocked them: it showed Garcia Umul's relatives stunned to see Maldonado's body in the casket meant for him. Both bodies had been prepared by the Rivera Funeral Home. On Tuesday, Garcia Umul's family filed a lawsuit against the funeral home. The family of Maldonado, who died two days after her 96th birthday, filed a lawsuit against the funeral home and the company that owns it in October 2024. “I was devastated, I couldn’t believe that this could be such a big confusion," said Carmen’s daughter, Rosa Sicha. “I started to cry, and I was incredibly upset.” Another family member had to fly to Guatemala and work with health department officials and police to retrieve Maldonado's body before bringing it to Ecuador to be buried. Both families said they had to go through great lengths to get their loved ones to their final resting places, about two weeks after they were initially set to be laid to rest. The common-law right of sepulcher "gives the next of kin the absolute right to the immediate possession of a decedent's body for preservation and burial, and … damages will be awarded against any person who unlawfully interferes with that right or improperly deals with the decedent's body." This right is "less a quasi-property right and more the legal right of the surviving next of kin to find 'solace and comfort' in the ritual of burial." Damages are limited to the emotional suffering, mental anguish and psychological injuries and physical consequences thereof experienced by the next of kin as a result of the interference with the right of sepulcher. In order to recover for such emotional injuries, it must be shown that the injuries were "the natural and proximate consequence of some wrongful act or neglect on the part of the one sought to be charged." To establish a cause of action for interference with the right of sepulcher, a plaintiff must demonstrate that: (1) plaintiff is the decedent's next of kin; (2) plaintiff had a right to possession of the remains; (3) defendant interfered with plaintiff's right to immediate possession of the decedent's body; (4) the interference was unauthorized; (5) plaintiff was aware of the interference; and (6) the interference caused plaintiff mental anguish. #nylawyer #lawfirm #attorney #negligence #sepulcher #funeralhomeneglect #lossofsepulcher #sepulcher #funeralhomenegligencelawyer #wrongfulcremation #wrongulburial #mishandlingbody #WrongBodyShipped #RGOrtiz #News4NY #RizzutoLawfirm #wego2bat4u #philrizzutoesq #wego2bat4u #ringrizzuto #855rizzuto