A hospital in Ribeirão Preto, inland São Paulo, has been ordered to pay R$160,000 in compensation to the family of a man who was mistakenly presumed dead in 2023. The case was deemed “extremely serious” by the court and caused deep embarrassment and trauma to the family, who even held a wake for the wrong body before they realized the mistake.
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The man was treated at Santa Lidia Hospital, given medication and released, according to the process. On the same day, another patient with the same name died at the scene. However, the hospital mixed up records and misreported the death to the wrong family members before the wake, leaving them unable to recognize the body.
The mistake was only discovered during the funeral when the man’s son received a phone call from his father, who was still alive. Surprised, the family opened the casket and discovered that the body was not that of the relative they believed they were burying. The episode caused upset and anger among those present.
The court upheld the lower court’s decision, ordering the hospital to pay 80,000 reais to the man’s son and 80,000 reais to his sister, considering the situation caused “obvious mental distress.” This value was confirmed by the 12th Public Law Chamber of the São Paulo Court of Justice.
Judge Edson Ferreira, who is reporting on the case, rejected the hospital’s request to reduce the amount of compensation. He stressed that the mistake was “beyond acceptable” and criticized the defense’s attempt to use the author’s medical report to argue for family separation. “The allegation that family relations were not on good terms borders on procedural malice,” he said.
The case was carried out by unanimous vote, with Judges Souza Meirelles and Souza Neri also participating, following the rapporteur’s vote.
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