What is the test for a personal representative of a deceased person to sue for damages in a medical malpractice case?

[1] The first question presented for determination is as to whether a cause of action for damages exists. Under the allegations of the complaint, the mother of the decedent was his nearest and only next of kin, and consequently was the person who was entitled to his body for burial. It must be conceded that in some jurisdictions it has been held that since there can be no property in a dead body a personal representative of decedent cannot [202 N.Y. 262]maintain an action for damages for the willful or negligent mutilation of the body, although he may sue for injury to the wearing apparel. 13 Cyc. 281, citing Griffith v. Charlotte, 23 S. C. 25, 55 Am. Rep. 1. This was doubtless the rule under the ecclesiastical law of England, as appears from the remarks of Lord Coke. 3 Inst. 203; 2 Bl. Com. 429.