What Is a Private Autopsy?

If you’ve lost a loved one in a preventable accident, call our office to schedule a free consultation. At Shapiro, Washburn & Sharp, we represent the families of wrongful death victims on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Let us help you seek justice and hold those responsible for their actions. Call us today at 833-997-1774 to learn more about your legal options.

How Does It Differ from a Standard Autopsy?

Key differences include:

• Control: Private autopsies are initiated and paid for by the deceased’s family, giving them more control over the process and results.
• Purpose: While medical examiner autopsies focus on public health, criminal investigations, or sudden/unexpected deaths, private autopsies can address family concerns about medical malpractice, wrongful death, or unresolved questions.
• Report Access: The family directly receives the findings of a private autopsy, whereas a public autopsy report may involve legal or procedural restrictions.

Private autopsies can offer clarity, closure, or legal evidence in cases where the cause of death is disputed or unknown.

When Should You Consider a Private Autopsy in Virginia?

A private autopsy may be appropriate in the following situations:

• Suspected medical malpractice: If a loved one passed away unexpectedly during or after a medical procedure, a private autopsy can determine if negligence or error occurred.
• Unclear cause of death: If the cause listed on a death certificate is vague or inconsistent with the deceased’s medical history, an independent examination can provide clarity.
• Legal disputes or wrongful death claims: Private autopsy findings can serve as critical evidence in lawsuits involving hospitals, healthcare providers, or other responsible parties.
• Family concerns or disagreements: When family members disagree about the explanation of a loved one’s death, a private autopsy can provide an unbiased assessment.
• Insurance claims: The findings can support insurance claims involving accidental death or disputed coverage.

Private autopsies may also provide peace of mind for families who need answers beyond what a public investigation provides.

How Do You Obtain a Private Autopsy in Virginia?

Obtaining a private autopsy involves several key steps:

Choose a Forensic Pathologist

Select a qualified forensic pathologist or company specializing in private autopsies. The professional should be board-certified and experienced in conducting autopsies for families or legal cases.

Request Medical Records

Gather all relevant medical records, including hospital charts, diagnostic reports, and treatment details. These records provide context for the autopsy and help the pathologist determine the cause of death.

Secure the Body

Notify the funeral home or facility holding the body that you wish to arrange a private autopsy. Time is critical, as decomposition can affect the findings. Ideally, the autopsy should be performed within 24 to 72 hours after death.

Sign a Consent Form

The next of kin must provide written consent for the autopsy. This legal document ensures that the pathologist has permission to conduct the examination.

Arrange Payment

Private autopsies typically cost between $3,000 and $5,000 in Virginia, depending on the complexity of the case and additional services, such as toxicology tests. The family bears the costs, as these procedures are not covered by insurance.

Receive the Autopsy Report

Once completed, the pathologist will provide a detailed report outlining the findings. This document can include information about the cause of death, contributing factors, and any evidence of external injuries or internal conditions.

Are There Limitations to Private Autopsies?

While private autopsies can provide invaluable information, they do have limitations:

• Timing and condition of the body: Decomposition or prior embalming can obscure certain findings, so making timely arrangements is essential.
• Scope of examination: Some private autopsies may not include toxicology, genetic testing, or other specialized procedures unless explicitly requested.
• Legal standing: The findings of a private autopsy may be subject to legal challenges if used in court. For example, opposing parties may dispute the credentials of the pathologist or the methodology used.
• Cost: Private autopsies can be expensive, and families must weigh the potential benefits against the financial burden.

Families should discuss their goals with the pathologist beforehand to ensure the autopsy meets their needs.

What Should You Consider When Choosing a Pathologist for a Private Autopsy in Virginia?

Selecting the right pathologist is critical for obtaining accurate and credible results. Consider the following:

• Board certification and experience: Ensure the pathologist is certified by the American Board of Pathology and has experience in forensic or clinical autopsies.
• Reputation and references: Research reviews, ask for references, or consult with attorneys or medical professionals for recommendations.
• Scope of services: Verify what the autopsy includes—e.g., toxicology, tissue sampling, or microscopic analysis—and whether additional tests can be arranged if needed.
• Communication: Choose a pathologist who is willing to explain the process, answer questions, and provide a clear and comprehensive report.

By carefully evaluating these factors, families can ensure the autopsy meets their needs and provides the answers they seek.

What Should I Do If I Believe My Loved One’s Death Was Due to Negligence?

Contact our office to speak with one of our wrongful death lawyers and learn about your legal options.

At Shapiro, Washburn & Sharp, we have decades of experience handling wrongful death claims. We understand how to navigate the legal process and work with you to maximize the value of your case. Call us at 833-997-1774 to schedule a free consultation, and let us help you get the financial justice you deserve.