There is an interesting potential tort action out of Poland. In the United States, there is heightened liability standards for the mishandling of corpses. However, what if you mishandle a person who you thought was a corpse? That is what happened to Marek Michalski, 56, who drank himself into a stupor and passed out on a bench in Pieotrkow, Poland. He was assumed dead and bagged and sent to the morgue. He woke up in a body bag in the morgue and had to roll off a table to free himself from the body bag.
The first negligence occurred with the ambulance crew who clearly detected no pulse. Obviously there was a pulse but alcohol can certainly suppress it. That is why he was taken to a hospital. The hospital released a statement that “They [the staff] believed that the man was dead and followed procedure by putting him inside a sealed bag.” They “believed that the man was dead”? How does that work. “Hey Doc does he look dead?” “Yup, he has many of the characteristics of a dead guy. He is not moving. He is cold. Yup, he is dead.”
Here is the same doctor at work collecting the dead from the streets of Pieotrkow:
Michalski is, not surprisingly, planning to sue and says that he has recurring nightmares of being the subject of a live autopsy. In the United States, it would be a slam-dunk for negligence and negligent infliction of emotional distress. He may however want to consider a 12-step program after his resurrection.