NJ hospital lost stillborn baby and performed autopsy without permission, lawsuit says

A Connecticut woman has filed a lawsuit against Hackensack University Medical Center, claiming the hospital misplaced the remains of her stillborn son and then performed an unauthorized autopsy, in violation of her religious beliefs and clear instructions.

The 34-year-old man said in court documents that he gave birth willingly to his stillborn son at a North Jersey hospital on Sept. 28, 2022, after doctors discovered a congenital defect that guaranteed the baby would not survive birth.

The woman and her husband, who are Jewish, refused to allow an autopsy, a decision they made based on both their religious beliefs and their son’s known cause of death.

Although he flatly denied it, an autopsy was performed months later, according to the lawsuit filed in U.S. District Court in August.

Representatives of Hackensack University Medical Center, part of the Hackensack Meridian Health network, did not respond to requests for comment on the case Thursday and Friday.

According to the lawsuit, the woman signed a consent form that allowed only basic examination of her baby’s remains without a full autopsy.

After leaving the hospital, the woman trusted that her son’s body would be handled in accordance with her wishes and respectfully disposed of within four weeks.

According to court documents, in July 2023, about a year after her son’s birth, she learned by chance that the hospital had performed an autopsy without her consent.

Further investigation revealed that the hospital lost the baby’s body to the morgue for several months due to its small size, delaying any further processing until February 2023, according to the lawsuit.

In June 2023, Hackensack University Medical Center hired a fetal pathologist, and an unauthorized autopsy was performed until July, according to the lawsuit.

The lawsuit alleges professional negligence and negligent infliction of emotional distress, citing the hospital’s failure to properly preserve, locate and respect her son’s body, as well as their violation of her religious and personal wishes.

The lawsuit alleges that the mishandling of her son’s remains and an unauthorized autopsy caused the woman severe emotional trauma.