autopsy request

[fridayboy2]

What is the name of your state (only U.S. law)? NC
My mother's death was cause for the Medical examiner to request an autopsy. She died in hospice after a reckless incident in a hospital (lawsuit pending). Will this request by the ME add more to our case? He agreed what had killed her. Is this usual practice when a patient dies due to poor behavior of the docs?
Any input welcome.

 

[j991]

The medical examiner is charged with the determination on whether a death was natural (died of heart attack, age, cancer) or unnatural (shot, stabbed, doctor screwed up, etc). The ME has the duty to perform an autopsy in unnatural deaths to determine the cause of death. When a patient dies in a hospice enviroment though the patient is assumed to have died of natural causes, and therefore doesn't automatically trigger an autopsy. The ME can request one, and if the family agrees, or if there is sufficient evidence of a crime, then it will be done.

It will help a civil suit to have an autopsy performed where the cause of death is determined.

 

[fridayboy2]

thank you for your reply. This has been an incredible nightmare and only just recently have I questioned the need for an autopsy. i did speak to the ME and he said it was obvious what had killed her...... a bad doctor!

 

[j991]

If you are filing a civil suit against the doctor or hospice center then you need to obtain the autopsy results as soon as possible! I hate to be the conspirocy theory guy, but it has happened on more than one occasion to have the report altered. File a discovery motion to obtain them if your state doesn't allow immediate family access.

 

[lya]

What is the name of your state (only U.S. law)? NC
My mother's death was cause for the Medical examiner to request an autopsy. She died in hospice after a reckless incident in a hospital (lawsuit pending). Will this request by the ME add more to our case? He agreed what had killed her. Is this usual practice when a patient dies due to poor behavior of the docs?
Any input welcome.

There is a lawsuit pending. It would be pure folly for either side to object to an autopsy for any reason (such as expense).

If the patient had not died, the lawsuit would remain a medical malpractice lawsuit; since the patient died, the lawsuit changes to wrongful death. It is logical, therefore, to want to bolster the claim of wrongful death by having the autopsy report confirm the death was caused by medical malpractice and by no other cause.

I know you (and I) are in the South; but, there is no reason to use fluffy terms such as reckless incident (unless you are referring to the bed and wheelchair races on the storage floor) and poor behavior of the docs. Call it what it is. Medical malpractice/negligence (your preference of terms) and failure to render care at or above the minimum standard.

OK, sweetie?

 

[fridayboy2]

Thank you lya. I have been trying to take the "high road" throughout this as I feel it is what she (mother) would want. but oh boy, it has been so hard.
thank everyone for the input.
Fridayboy