A Providence family has filed a lawsuit against Rhode Island Hospital and Bell Funeral Home, alleging a devastating mistake that led them to bury the wrong person after a loved one died following a Christmas Day fire.

Emilia Severino died Dec. 30 at Rhode Island Hospital, days after the fire, according to her family.

Her niece, Joselyn, spoke exclusively with the NBC 10. She asked that her face be concealed during the interview.

“She did not deserve nothing that happened to her, not the fire. Not the way she was buried. She did not deserve that,” Joselyn said.

According to a Superior Court lawsuit, when Bell Funeral Home went to retrieve Severino’s body from Rhode Island Hospital, the hospital released the wrong remains.

The Severino family told the NBC 10 I-Team that Emilia Severino died at Rhode Island Hospital on Dec. 30 from smoke inhalation after a Christmas Day fire. (Severino)

The family held a closed-casket, graveside burial on Jan. 19.

Joselyn said she asked her father to identify her aunt’s body before the casket was closed but was told by the funeral home that the body was not viewable because of its condition.

“The director of the funeral home was trying to close the casket, and we’re all there witnessing this,” Joselyn explained. “And in that moment, I look and I see a black bag. I was confused as to what was going on.”

The family prayed over the casket and watched it lowered into the ground.

“And it wasn’t her,” Joselyn said.

Days later, Joselyn said she received a call from the cemetery.

“I thought it was a joke. I honestly thought it was, I was like, there’s just no way,” she said.

The lawsuit states that on Jan. 20, Rhode Island Hospital’s chief pathologist notified the family of the error. The lawsuit also alleges the hospital and funeral home initially wanted to “switch” the bodies without informing the family, but the cemetery would not exhume the body without the family’s permission.

Joselyn said she initially refused but eventually agreed. When they returned to the cemetery, the casket had already been raised.

“We were just a mess,” she said. “We prayed over somebody. I don’t know what their religious beliefs are. I don’t know what their family’s going through.”

Joselyn said her aunt’s body had remained at Rhode Island Hospital the entire time the other person was buried.

When the correct body was returned to the family, Joselyn said Severino was still in the condition she was in at the hospital.

“She was naked. It was just horrible,” Joselyn said. “You should not have IVs still in your body with blood in it. That’s horrible to see that.”

She said only two family members were present for the final burial.

“We have to re-grieve everything,” she said.

Both Rhode Island Hospital and Bell Funeral Home are named in the lawsuit.

Rhode Island Hospital confirmed that an error occurred.

In a statement to NBC 10, the hospital said:

An error occurred in Rhode Island Hospital’s morgue on January 15th where a decedent was released to the wrong funeral home. The hospital contacted the families impacted by this incident to extend our deepest sympathies and apologies. Once we became aware of this error, the hospital immediately initiated a comprehensive internal review. As a result of that review, the employee involved was let go. While Rhode Island Hospital has strict policies and procedures governing all morgue operations, we are committed to strengthening our processes, including implementing additional safeguards, to ensure this does not happen again. Due to patient privacy laws, Rhode Island Hospital is unable to provide additional details at this time.

“An error occurred in Rhode Island Hospital’s morgue on January 15th where a decedent was released to the wrong funeral home. The hospital contacted the families impacted by this incident to extend our deepest sympathies and apologies.

Once we became aware of this error, the hospital immediately initiated a comprehensive internal review. As a result of that review, the employee involved was let go. While Rhode Island Hospital has strict policies and procedures governing all morgue operations, we are committed to strengthening our processes, including implementing additional safeguards, to ensure this does not happen again.

Due to patient privacy laws, Rhode Island Hospital is unable to provide additional details at this time.”

“I don’t know what their protocols are in their hospital, but I can tell you that much that day, it wasn’t it.” said Joselyn.

Bell Funeral Home Director Christine Cardozo told the NBC10 I-Team that when staff arrived at the hospital, employees searched multiple morgue locations before producing a body.

“We went to Rhode Island Hospital to pick up the body and when we got there, they went into morgue number one and they couldn’t find her,” Cardozo said in an interview with NBC10s Tamara Sacharczyk.

Cardozo said she relied on hospital paperwork and identification tags.

“On the paperwork that we signed, stated that she is the person inside of that body bag,” she said.

Bell Funeral Home. (WJAR)

Cardozo said the body was decomposed and unrecognizable and that she believed Severino had died from smoke inhalation, not severe burns.

When asked who was at fault, Cardozo responded, “The hospital. They’ve admitted fault they’re the ones who bring you the body.”

Joselyn blames them both.

“Bell didn’t take accountability Rhode Island Hospital is saying it’s Bell and I say it’s both,” she said.

Joselyn said the mistake has compounded the family’s grief.

“It’s hard for the whole entire family,” Joselyn said. “They all need to do better. They really, really, really do.”

The lawsuit remains pending in Superior Court.