Medical staff at Dublin's St James's Hospital removed the brain of a dead patient for examination without the required permission of the man's family, an inquest has heard.
The family of Kevin Fox (84), of Ontario Terrace, Rathmines, Dublin, were informed their father's brain had been removed on the day of his funeral, which caused them great distress, Dublin City Coroner's Court heard yesterday.
The family told the inquest that they did not sign any forms giving permission to the hospital to remove their father's brain.
Coroner Dr Brian Farrell said that since the organ-retention scandal "there were forms that are required to be signed if any organs are to be retained".
Marion Smith told the inquest that the family later buried her father's brain in his grave when it was returned from the hospital.
"We did not sign any forms giving permission. A sister at the hospital said they may take a sample, but we did not sign anything. I think it was morally wrong to be done without permission. It was very upsetting; we had to reopen the grave."
Dr Farrell said he would write to St James's and request that hospital representatives meet the family in light of their concerns.
"The family should have been told about this. I'm very sorry to hear you were informed of this on the day of his funeral."
He added that pathologists had the right to remove organs for examination when relevant, but this could not be done without the family's permission.
Ms Smith said: "It was very insensitive. If my mother had been on her own she would not have been able to cope."
She added that the family would have had no objection to the hospital's request to remove the brain had they been asked.
She said the family were anxious to meet with the hospital to discuss how it had happened, and she hoped "this should never happen again".
A spokesman for the hospital said it does not comment on individual patients, but "we do have a protocol in place for ensuring consent and information about organ retention".
The inquest heard that Mr Fox fell down basement steps at home on February 15th, 2005. He was taken to St James's where he developed a swallow problem and he had a peg tube inserted. On June 2nd last year the peg tube caused a haemorrhage into his stomach and he died the same day.
Dr Farrell recorded a verdict of death by misadventure.