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They believed that they were keeping a wake and cremating their father but it was another person: they will collect compensation

2023-05-04T09:46:28.392Z


The error was admitted by the Mendoza Forensic Medical Service. They will pay $600,000 to the daughters, who claimed $4 million.


As in Waiting for the Carroza, without satire involved, a family from Mendoza

watched over a dead person that was not their own.

The mistake was made by the Forensic Medical Service.

The daughters of the deceased never came to recognize the body that was inside the drawer, at the suggestion of the burial company.

The situation became more serious as the days passed.

Once the error was detected, it was impossible for the real family of the veiled person to say goodbye, because

that body went to cremation.

The daughters of the deceased man, identified with the initials RP and 69 years old, were the plaintiffs against the Forensic Medical Corps, the Public Prosecutor's Office and the Government of Mendoza as responsible for the error.

"The man

had raised his daughters alone

, because their mother had abandoned them when they were little. They had a very close relationship," according to the court file.


The 69-year-old man died in an accident on the street on September 30, 2019. That day he left his home in the town of Villa Nueva,

Guaymallén.

He had gone looking for work and never returned.

His daughters reported the disappearance to the Prosecutor's Office on duty.

Two days later, on October 2, the man was found dead in a field, in a neighboring town, in Buena Nueva.

There were no witnesses to his death.

His body was found by his own brother,

in a search in the vicinity of his house that the family was carrying out.

For the Scientific Police, there was no evident evidence that he had suffered physical violence.

The Homicide Prosecutor, Claudia Ríos, advanced with the investigation and ordered an autopsy in the Forensic Medical Corps.

Forensic studies showed that the man

had died of a heart attack.

Ruled out a homicide, the prosecutor ordered the body to be delivered to the daughters.

And, since they did not have money to cover the burial expenses, they asked for a subsidy and

the management of the cremation in charge of the Municipality of Guaymallén.

The judge admits the moral damage for the error, although not the amount of compensation claimed by the daughters.

Photo File / The Andes

The way of acting of the funeral home aggravated the confusion.

"In the Boschin garage they did not let us see our father's body or dress him because they said he was

disfigured

and in a stage of decomposition," the daughters recalled.

On the recommendation of the garage, his father's body was

held in a closed box

during the afternoon, from 3:30 p.m. to 7:00 p.m., on October 3, 2023.

A day later, one of the daughters received the call from the Forensic Service administration of the Public Prosecutor's Office.

They apologized for the confusion and told them that they had to re-examine

the body that was still in the morgue.

In addition, they offered to cover the expenses of the new burial.

After recognizing the body and not wanting to go through a new wake, the daughters decided to accompany the truck that transferred the real body of their father to the cremation site.

There was the farewell.

A few days after a dramatic situation, the daughters

filed a lawsuit

.

They accused the Government of Mendoza and the forensic responsible for damages and prejudices.

They requested compensation of 4 million pesos but received much less.

Judge María Luz Coussirat, of the Fourth Associate Management Court, considered that there was an error in the State's actions but understood that it did not cause pain of the magnitude as the sisters refer.

"The real pain was generated by the death of his father and the state of anxiety they experienced while he was found missing," argues the sentence.

The judge admits the moral damage for the error, although not the amount of compensation claimed by the daughters.

And to determine the value in pesos of that compensation, she calculated the value of "a trip for six or seven days, with passage and full stay, to the Iguazú Falls." 

She gave 300,000 pesos to each of her daughters.

Mendoza.

Correspondent

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