Woman stops hospital from releasing body

For almost two years, the remains of an 87-year-old Victorian man have been decomposing inside a Melbourne hospital's small mortuary.

Tibor Tivadar Horvath's daughter has refused to allow Maroondah Hospital in Ringwood to release his body to a funeral home, placing hospital staff at risk.

Mary Bruinink has claimed in court, with no evidence, that the hospital wants to destroy her father's remains to avoid further investigation into his death.

Eastern Health, which operates the hospital, successfully applied to Victoria's Supreme Court for urgent orders to have the body removed.

Mr Horvath died from natural causes in January 2021, succumbing to aspiration pneumonia after suffering congestive heart failure and Alzheimer's disease.

His daughter, who is named as executor on his will, asked the Coroners Court to investigate his death, however it declined as it was not a reportable death. 

She unsuccessfully appealed this decision, and then told the hospital she was seeking an independent autopsy. To date this has not been arranged.

Mr Horvath's remains are being held in the hospital's small mortuary, which only has space for four bodies and is not set up for long-term storage or preservation.

The hospital purchased a coffin in August this year, to reduce health risk to staff and protect the man's dignity. The following month, the hospital contacted the woman and offered to pay funeral costs, but she rejected these attempts.

She has alleged her father did not die on January 10, as stated in his death certificate, and claimed the hospital denied her the right to advocate for him, the court heard.

She further alleged the hospital was "determined to destroy" his body to prevent further investigation and feared the body in the coffin may not be her father's.

Justice Rita Incerti found there was no evidence to back up any claims of wrongdoing against the hospital.

She ordered the hospital arrange for the body to be urgently taken to a funeral home.

"The person with the right to arrange the burial or cremation of the deceased's body, has shown by her conduct that she is unwilling or unable to make proper funeral arrangements," she said, in a decision published on Wednesday.

"In these circumstances, the hospital is the proper party to arrange the disposition of the deceased's body on the basis that the deceased died in the hospital.

"Given the time that has already elapsed since the death and the impact on the hospital having to store the body, it is critical that the deceased's body be delivered immediately to a funeral home."

The justice ordered the man's body must be cremated no later than December 23.