January 2002
The Director - Features
The Legal Perils of Aftercare
If an aggrieved survivor participating in an after care program commits suicide, what liability, if any, does the funeral director offering the progra
With many funeral directors engaging in or sponsoring aftercare programs, concerns about liability arise. In the event an individual participating in an aftercare program committed suicide, what liability, if any, does the funeral director offering that program have?
In the article The Legal Perils of Aftercare, T. Scott Gilligan, NFDA's general counsel, explains the legal issues surrounding funeral home sponsored aftercare programs. He defines the term "malpractice" and explains why titles can be critical to eliminating liability. He also describes other factors that can determine the funeral home's liability including fees charged by the funeral home, the funeral director's education, and referrals made by the funeral director. It also discusses malpractice insurance.
T. Scott Gilligan is a partner with the law firm of Statman, Harris, Siegel & Eyrich in Cincinnati, Ohio. Gilligan serves as NFDA general counsel and represents NFDA in matters dealing with the Federal Trade Commission Funeral Rule.
