Hospital Or ME Will Not Perform Autopsy


The hospital or ME will not perform an autopsy for my family Mr. Boston. This statement is one in which we sometimes hear when a family has had a family member pass away either at the hospital or while in the care of a doctor.


Losing a family member can create all sorts of questions for a family, especially when the death is sudden and unexpected. When this occurs, or when a family suspects medical malpractice was the cause of their loved one’s death, they will sometimes request an autopsy to be done. With that said, what happens when their request for an autopsy is not granted?



One of the main questions a family has during the loss of a loved one is what caused them to die? Not only is this question of causation important to the family, it is also important in the eyes of the law.


Maryland law requires that one prove 4 basic elements when bringing an injury or medical malpractice case. Those elements are duty, breach of duty, causation, and damages. In other words, the doctors or other medical professionals’ actions or in-actions must fall below the standard of care owed to you or your loved one causing your injury or their death. Without being able to prove causation your case will not be successful.


An autopsy is important because a pathologist, a doctor who performs autopsies, can help determine the cause of your loved one’s death. This information can go a long ways with helping you prove your loved one’s Maryland wrongful death case.



If the hospital or Office of the Chief Medical Examiner (“ME”) will not perform an autopsy for you, all hope is not lost. Under Maryland law there are specific instances in which the ME must perform an autopsy. When cases fall outside of these specific examples the ME may decline to perform the autopsy.


When the hospital or ME will not perform an autopsy the family can pay for a private autopsy to be performed. In other words, when the family strongly suspects that medical errors were the cause of their loved one’s death they can pay for a private pathologist to perform an autopsy. Many people do not know that this is available and the internet can be used to find doctors who are willing to help.



Give me a call if you think that your loved one’s death after surgery or while in the care of a doctor was due to medical malpractice.

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
Suite 700
Chevy Chase, Maryland 20815




Marcus Boston is a Maryland medical malpractice attorney who helps people navigate the Maryland childbirth injury and medical malpractice process to get money for their injuries caused by the carelessness of doctors and hospitals.