Lorient Hospital Faces Lawsuit Over Mishandled Cremation, Privacy Breach

A couple is seeking €51,000 in damages from the South Brittany Hospital (GHBS) in Lorient, France, alleging mishandling of their baby’s cremation and a breach of professional secrecy following a medical interruption of pregnancy (IMG). The case was heard at the Rennes administrative court on May 16, 2025.

The Core grievances

• Delayed Cremation: The couple contends that the hospital failed too adhere to agreed-upon timelines for the cremation of their child.
• Privacy violation: They accuse a hospital thanatopractor (mortician) of violating professional secrecy by disclosing facts about the IMG.

The Cremation Controversy

The couple’s primary complaint revolves around the circumstances surrounding the cremation,which took place on April 6,2022. They claim the GHBS did not respect the agreed-upon timeframe, causing them significant distress.

According to the public rapporteur, whose role is to provide legal analysis to the judges, the mother or the father has ten days from childbirth to claim the child’s body. He further clarified, in the event of non-recovery of the body, the hospital has two clear days to carry it out in cremation.

The hospital acknowledged its failure to meet the initial deadlines. However, the public rapporteur noted that while informing parents of the cremation date and time is good practice, it is merely a simple recommendation. Therefore, no “fault” can be attributed to GHBS on this point.

Breach of Professional Secrecy: A More Serious Allegation

The couple’s second, and arguably more serious, grievance involves a claimed breach of professional secrecy. They allege that a hospital thanatopractor divulged confidential information about the IMG.

the mother received a WhatsApp message from an acquaintance who seemed to know about her IMG. The acquaintance’s wife is reportedly connected to the hospital. The message implied the thanatopractor recognized the mother from a photo and had handled the baby’s remains.

It was he who came to recover your baby, he took care of it in his service… He recognized you in the photo.

The acquaintance later retracted the statement, claiming to protect her colleague and suggesting she learned the information during a meal with colleagues on December 16, 2021. The public rapporteur found this clarification not credible, arguing that even if she had learned of the IMG through another channel, it did not negate the fact that her husband, the thanatopractor, recognized the mother in a photo.

Impact on the Couple

The couple’s lawyer emphasized the profound impact of the alleged privacy breach, stating that this violation of intimacy was particularly hard to live. She added that she had advised her clients against pursuing legal action, acknowledging the emotional toll the case has taken on them.

the couple claims they endured months of emotional distress before they could mourn due to the delayed cremation. The mother also seeks compensation for lost professional earnings, claiming the situation prevented her from fulfilling business obligations and pursuing new projects.

However, the public rapporteur noted that the evidence presented did not definitively link the hospital’s actions to the mother’s absence from work.He proposed awarding €3,000 to each parent for their moral damage, describing it as a sum slightly above the average fixed by case law.

The hospital’s lawyer contested the claims, stating that the certificates diverge and that it could not be established with certainty how the information was leaked, as the thanatopractor denies having seen the photo. The couple’s lawyer countered that the mother said she talked to anyone.

The Rennes Administrative Court is expected to render its decision within a month.