If you suspect funeral home negligence in handling your deceased loved one’s remains, a Des Moines funeral home negligence lawyer can help with a legal claim. Our personal injury attorneys work tirelessly to seek justice and emotional support for surviving family members affected by a negligent funeral home.
In this Article
What Laws Apply to Iowa Funeral Homes?
Iowa funeral homes operate under a comprehensive web of state laws and federal consumer protection standards. The baseline authority governing the profession is the Iowa Board of Mortuary Science, which functions under the Iowa Department of Inspections, Appeals, and Licensing (DIAL).
Here’s a summary of the key regulations for funeral homes in Iowa:
Licensing
To practice mortuary science in Iowa, an individual needs a mortuary science license and must work at a facility with a Funeral Establishment License under Iowa Code Section 156.4. These establishment licenses are non-transferable and tied to a specific location and owner.
Additionally, individuals who only transport human remains must have a Removal Technician Registration, which requires proof of specific regulatory and Occupational Safety and Health Administration (OSHA) training.
Preneed/Prepaid Funeral Contracts (Iowa Code Chapter 523A)
In Iowa, prepaid funeral arrangements are regulated by the Iowa Insurance Division. According to Iowa Code Chapter 523A, sellers must be licensed, and a percentage of payments must be placed in a trust or backed by an insurance policy. These contracts must also clearly state whether pricing is guaranteed or non-guaranteed.
Federal General Price List (GPL)
The Federal Trade Commission (FTC) “Funeral Rule”: This federal law ensures consumer protection by requiring funeral homes to provide an itemized price list, allowing you to choose only the goods and services you want.
How Do I Avoid Negligence in Funeral and Burial Services?
In Iowa, the Board of Mortuary Science licenses and regulates funeral homes. They ensure that these establishments follow all state laws and ethical standards.
State regulators suggest asking funeral directors detailed questions when you are making arrangements. If a director is unable to give you clear answers or provide a breakdown of costs as required by law, it could be a sign of negligence.
1. Does the Funeral Director Have a License?
In Iowa, it is illegal to practice mortuary science without the proper credentials. Both the individual funeral director and the physical funeral home must hold separate licenses issued by the state.
2. Is the Funeral Director’s License Active?
You can use the Iowa DIAL licensee search portal to confirm if a funeral director’s license and the establishment’s permit are active. In Iowa, licenses are renewed every two years and require a minimum of 24 hours of continuing education for each renewal period.
3. Which Funeral Company Will Provide the Services?
Under Iowa law, funeral services must be provided by a licensed practitioner operating from a state-licensed funeral establishment. “Freelance” funeral directing is not permitted. A funeral director must have clear permission from the legal next of kin before removing or embalming a body, unless the county medical examiner takes jurisdiction in cases of sudden, violent, or suspicious death.
4. Are the Funeral Costs in Writing?
Under the FTC’s Funeral Rule and Iowa’s state law, a funeral home has a legal obligation to provide you with an itemized GPL before you discuss any specific funeral arrangements. Once selections are made, the director must provide a written, signed statement of goods and services selected, detailing all final costs, cash advance items, and payment terms before the services take place.
What Is Funeral Home Negligence?
Funeral home negligence occurs when any action or inaction by funeral home staff results in the mishandling, mistreatment, or disrespect of the body of a deceased person or failure to deliver services according to the family’s wishes, causing emotional distress to the bereaved parties.
Examples of Funeral Home Negligence
Examples of negligence by a funeral director or other staff may include:
- Mishandling or misplacing remains: improper storage or carelessly transporting or preparing the body, leading to damage or desecration
- Lost, misplaced, or wrongful burial of remains: failing to keep proper records, resulting in the misplacement or loss of the body, interment of the wrong body, or burial in the wrong cemetery plot
- Improper embalming: performing embalming poorly, which may lead to rapid decomposition or disfigurement of the body
- Cremation errors: failing to follow the appropriate procedures for cremation, resulting in the wrong cremated remains or mixing of multiple bodies’ remains
- Failure to get explicit family consent
How Do I Report Funeral Director Negligence in Iowa?
To report a negligent funeral director in Iowa, you must file a complaint with the correct federal or state agency for your specific issue.
- For mishandling of remains, health violations, or professional misconduct, file a complaint with the Board of Mortuary Science through the DIAL online complaint portal.
- For financial fraud or issues with prepaid funeral contracts, file a complaint with the Iowa Insurance Division consumer complaint portal.
- For pricing violations or failure to provide a GPL, report the funeral home to the FTC at reportfraud.ftc.gov.
Who Can File a Funeral Home Negligence Lawsuit in Iowa?
In Iowa, the right to sue a funeral home for negligence is limited to specific individuals. Because these cases often involve emotional trauma and severe mental suffering, Iowa law makes a special exception allowing lawsuits for purely emotional distress without a physical injury.
Here’s who has legal standing:
- The signatory of the contract: The person who signed the agreement with the funeral home can recover financial losses. They can do so by suing for breach of contract if the funeral home failed to provide the agreed-upon services, mixed up remains, or added hidden fees.
- Holders of the Right of Sepulcher: For funeral home negligence claims involving the mishandling of remains or negligent infliction of emotional distress (NIED), the right to sue follows a priority order. This hierarchy includes the designated agent, surviving spouse, adult children, parents, and other relatives.
- The personal representative of the estate: If the funeral home’s negligence caused financial harm to the deceased’s estate, such as mismanaging a preneed trust fund, only the personal representative can sue to recover the funds. They can do so on behalf of the estate.
Can a Medical Malpractice or Wrongful Death Case Be Filed Against a Funeral Home in Iowa?
No. In Iowa, you cannot sue a funeral home for wrongful death or medical malpractice for post-mortem negligence.
A wrongful death claim requires the defendant’s negligent act to be the direct cause of death (Iowa Code Section 611.20). Since a funeral home only takes custody of a person after they have passed away, their negligent actions cannot be the legal cause of death.
Medical malpractice claims are limited to licensed medical professionals providing care to living patients (Iowa Code Chapter 147). Funeral directors are mortuary professionals, not medical providers, and they do not provide medical care.
How Does an Attorney Prove a Funeral Service Provider Was Negligent?
To prove a funeral service provider was negligent in Iowa, a plaintiff must show:
- The funeral home owed a legal duty of care to the deceased.
- The funeral home’s actions fell below the accepted standard.
- When the funeral home breached that duty, that specific failure directly caused the plaintiff’s legally recognized harm suffered.
- That harm caused economic damages and non-economic damages.
The resulting damages can include emotional distress and financial losses (not just physical injury).
What Financial Compensation Can Be Recovered in Funeral Home Negligence Cases?
If your family has been impacted by funeral home negligence in Iowa, you may be entitled to seek compensation for medical expenses and the resulting emotional and financial damages your family suffered. Iowa law permits you to seek damages for severe emotional distress caused by the mishandling of a deceased’s remains, even without a physical injury. This can include the medical bills for therapy or psychiatric care needed to cope with the emotional trauma and lost wages from time away from work spent dealing with the situation. Reburial expenses may be included.
While there is no cap on punitive damages in Iowa, strict rules apply. A jury may award these damages in cases of severe misconduct, but you must provide clear and convincing evidence that the at-fault party acted with willful and wanton disregard for the safety of your loved one (not gross negligence).
How Can a Des Moines Funeral Home Negligence Lawyer Help?
If you suspect negligence in a funeral home’s actions—such as when a funeral service provider fails to meet industry standards—seek legal counsel from an experienced Des Moines funeral home negligence attorney to protect your legal rights. We gather evidence (like medical records and the contract to provide agreed-upon services), identify those responsible for your loss, and negotiate with insurance companies for a fair settlement. We help grieving families seek fair compensation from the negligent parties.
We have the financial resources to provide legal services on a contingency fee basis. You won’t have to pay any legal fees unless we win your personal injury case.
Free Case Evaluation for Funeral Negligence Cases
Call our law firm today for a free consultation. An experienced attorney will explain the legal complexities and outline your options for taking legal action.
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