How no autopsy might hurt a wrongful death case in Maryland. This article is important because in some cases, individuals will contact us regarding a suspicious death at a hospital, or other medical facility, and inform us that there was no autopsy performed. For some, the idea of an autopsy is something that automatically happens, when this is not the case in Maryland.
After reading this article, and watching the supporting video, it is my hope that if this issue has currently come to your door, you will have a better understanding as to what actions you may want to take next. Or, the types of questions you and your family need to investigate.
DOES YOUR LOVED ONE AUTOMATICALLY GET AN AUTOPSY?
We have had people tell us in the past that they did not get an autopsy done because they thought that either the hospital or the “State” would automatically perform the service. This is not true in Maryland. There are certain factors which come into play when dealing with an autopsy in Maryland. Regarding the Office of The Chief Medical Examiner, some of the factors taken into consideration are the following:
- Was the person under the care of a doctor?
- Does the death appear to be suspicious or unusual (injury, etc.…)?
As it pertains to the Office of the Chief Medical Examiner, the above bullet points reveal that the State office will only get involved with an autopsy under specific conditions. This is a point that may not be known by many in the Maryland public.
To be sure that an autopsy is performed on your loved one, you can request that a private autopsy is done. Online searches for private pathologists can reveal doctors who perform autopsies. Usually, these types of services will cost a few thousand dollars in general. Specific pricing will be explained by the specific doctor. Paying for a private autopsy is one of the ways to ensure that your family can have an opportunity to at least try and get more answers surrounding your loved one’s death, if there were initial questions.
HOW NO AUTOPSY MIGHT HURT YOUR WRONGFUL DEATH CASE…
Maryland law requires that four elements are proven when suing under negligence. They are:
- DUTY
- BREACH OF DUTY
- CAUSATION
- DAMAGES
When an autopsy is performed, it can help shed light on the issue of causation, which in and of itself is usually a hotly contested issue in Maryland medical malpractice cases. A pathologist performing an autopsy will put together a report which can sometimes be of great assistance when reviewing a wrongful death case. Even though a death certificate is done, the autopsy and report can sometimes provide more information regarding your loved one’s medical condition and cause of death.
If no autopsy is present, then your attorney will have to try and put the cause of death together through the medical records and death certificate. With some death cases, the medical records alone may not paint the complete picture. Therefore, an autopsy can be helpful to a family seeking answers.
DO YOU HAVE QUESTIONS SURROUNDING YOUR LOVED ONE’S DEATH IN A MARYLAND HOSPITAL?
As to the question above, how no autopsy might hurt a wrongful death case in Maryland, it is my hope that you have more information regarding this topic. To speak with me further regarding the issues surrounding your loved one’s death, 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 birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
