Loved One Died While In A Maryland Hospital And There Was No Autopsy?
Your loved one died while in a Maryland hospital and now you find out that no autopsy was done?
Is this it?
Will you be able to move forward with a Maryland wrongful death case based on medical malpractice?
For many families, when a loved one has died while in the hospital there are many questions.
These questions can lead some families to request an autopsy.
But what happens if an autopsy is not performed or is not requested?
Will you still be able to prosecute your case?
THE OFFICE OF THE CHIEF MEDICAL EXAMINER
Under Maryland law the Office of the Chief Medical Examiner has specific parameters in which it will investigate a death.
In general, this office will investigate your loved one’s death when the death is caused by injury, homicide, suicide, or under unusual or suspicious circumstances.
If the person who has died is under the care of a doctor then the Office has no obligation to investigate the death or perform an autopsy.
With that said, if this Office refuses to perform an autopsy and investigation, a private autopsy can still be performed.
WHY IS AN AUTOPSY IMPORTANT IN A WRONGFUL DEATH?
When a death case, or injury case for that matter, is brought in Maryland there are basic elements which must be proven for the case to be successful.
One of those elements is Causation.
In other words, the person bringing the case must be able to show that the actions or inaction of the person or entity they are suing is the cause of their loved one’s death, or injury.
An autopsy is important because it can help with outlining the cause of your loved ones death.
BUT NO AUTOPSY WAS DONE!!!
So back to earlier question, if your loved one died while in the hospital and no autopsy was done can you still bring your case?
The short answer is that in general yes you can.
However, the case will be much harder to bring because without an autopsy it will be hard to tie down the cause of death.
Your Maryland medical malpractice lawyer will have to carefully review the medical records and confirm causation with the appropriate medical experts.
WHAT CAN YOU DO NOW?
To speak with me further about the circumstances surrounding when your loved one died while in the hospital this is what I invite you to do.
Pick up the phone and give me a call.
I can be reached at 301-850-4832.
I answer Maryland medical malpractice questions like yours all the time and I would be happy to listen to your story.
Boston Law Group, LLC
2 Wisconsin Circle
Chevy Chase, Maryland 20815