A New Jersey hospital lost a stillborn baby and performed an unauthorized autopsy, the lawsuit says

A Connecticut woman is suing Hackensack University Medical Center, alleging the hospital mishandled the remains of her stillborn son and later performed an unauthorized autopsy in violation of her religious beliefs and clear instructions.

The 34-year-old says in court documents that on Sept. 28, 2022, she had her stillborn son delivered by artificial means at a North Jersey hospital after doctors discovered a congenital disorder that caused the baby not to survive.

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

Despite her express refusal, an autopsy was performed months later, according to the lawsuit filed in August in U.S. District Court.

Hackensack University Medical Center, part of the Hackensack Meridian Health network, said in a statement Saturday that they are sorry for the family’s “tremendous loss.”

“We strive for high-quality, compassionate care, and when a patient and family suffer a loss, we all share their grief. Our thoughts and prayers are with (the family),” the statement said.

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

After leaving the hospital, the woman believed her son’s remains would be treated according to her wishes and disposed of with respect within four weeks.

It wasn’t until July 2023, nearly a year after her son’s birth, that she accidentally learned the hospital had performed an autopsy without her consent, court documents allege.

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

Hackensack University Medical Center hired a fetal pathologist in June 2023, and by July, an unauthorized autopsy was performed, 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 mishandling of her son’s remains and the unauthorized autopsy caused the woman severe emotional trauma, the lawsuit alleges.

Note: This post has been updated to include a statement from Hackensack Meridian Health