Suppose your loved one passed away while in a hospital. You may have some serious questions. Could something have gone wrong with their care? Was their death preventable or caused by a medical mistake?
An autopsy can provide much-needed answers in cases where negligence, medical error, or questions about what caused the death may be involved.
In the article below, we’ll explain what an autopsy is, why it’s important in cases of suspected medical negligence, and how to work with your personal injury lawyer to assist with the process. Our Virginia Beach wrongful death attorneys are highly experienced in medical malpractice cases.
What Is An Autopsy?
An autopsy is a detailed medical examination of a body after death. It’s performed by a pathologist, a doctor who specializes in diagnosing diseases and other medical issues by studying tissues, cells, and bodily fluids. Closely related is a medical examination, which involves less internal examination than a full autopsy.
During the autopsy, the pathologist will closely look at the body and internal organs to determine the cause of death. The study may involve a toxicology report and a detailed evaluation of the organs of the body. The findings may provide essential information about what may have gone wrong in a hospital setting or may confirm that the person died as the doctor or hospital said they did.
When negligence is suspected, an autopsy may help:
- Determine the cause of death: The pathologist may confirm whether the death was due to natural causes or something preventable, such as a medical error or substandard care.
- Exclude alternate causes: An autopsy may rule out other potential explanations for the death that are unrelated to the hospital or doctor’s actions.
- Provide evidence: If negligence is involved, an autopsy can identify the specific error—such as a misdiagnosis, surgical mistake, or medication error—that contributed to the loss of life.
Why An Autopsy is Crucial in Suspected Negligence Cases
Doctors, healthcare providers, and hospitals may be reluctant to acknowledge any errors they may have committed. Without concrete evidence to the contrary, it can be hard to prove a medical error.
An autopsy can provide the objective scientific evidence needed to determine whether negligence occurred. If a patient dies unexpectedly during a routine procedure, for example, an autopsy may reveal that an improper technique or undiagnosed complications contributed to their death.
If the family suspects a medication error, toxicology tests—which are typically included in an autopsy if the cause of death is unclear or if substances are suspected to have played a role—can determine whether the wrong drug or dose was administered.
These findings are essential if you or the family members want to pursue a medical malpractice/wrongful death claim, but they can also bring peace of mind to a grieving family by answering critical questions about what went wrong.
Following an unusual hospital death—perhaps following what should have been a routine operation, or perhaps also involving a young person who was otherwise healthy—one of the big issues can be whether the family member died due to an iatrogenic injury inflicted by a doctor.
In terms of the field of medical malpractice, an iatrogenic injury is inflicted by a medical device (such as a cutting instrument) or other medical tool that causes an unintended injury that normally would not occur during the medical procedure or surgery involved.
Who Can Request an Autopsy?
Virginia Code 54.1-2973 outlines who may authorize a Virginia autopsy, but it can get complicated.
In general, it’s usually the legal next of kin who can order an autopsy. This includes, in order, the spouse, adult children, parents, adult siblings, and other adult relatives in order of blood relationship, all the way down to the guardian of the decedent at the time of death or any other person authorized or under legal obligation to dispose of the body.
But a private person cannot force a hospital to conduct an autopsy at its expense, nor can a private person force a government medical examiner to conduct an autopsy unless it is appropriate under the governing statute that calls for autopsies or medical examinations in a variety of unusual situations specified by statute. If none of those situations apply, then a family member can look into a private autopsy, and the family would have to pay the expense.
A hospital or doctor may request an autopsy in cases of unexplained deaths to confirm the accuracy of the diagnosis and treatment rendered by one of their physicians at the hospital or for research and education. In most cases, they will need the consent of the legal next of kin to proceed. The next of kin has the right to refuse the request.
A pathologist, even one associated with that hospital as far as conducting typical pathology for the hospital, is ethically bound to conduct a full independent autopsy. However, when a family is considering a potential claim against a hospital or physician, the family has to consider the inherent potential conflict of interest between a pathology group with daily medical business at that hospital as opposed to a private autopsy by an independent pathologist not associated with the hospital.
There are a few instances where a hospital might not need permission to proceed with an autopsy:
- If the death falls under the jurisdiction of the local medical examiner or coroner due to trauma, violence, or suspicious circumstances, an autopsy may be mandated by state law without family consent. The family would have the right to obtain the findings of the autopsy if done by a state medical examiner.
- Rarely, an autopsy may be performed to protect public health in cases of public health issues (outbreaks of infectious diseases, for example).
As the nuances of this law can be complex, it’s always best to consult with one of our experienced Virginia wrongful death attorneys before proceeding.
Who Performs the Autopsy?
When someone dies at a hospital, the pathology group under a pathology agreement with that hospital usually conducts the autopsy. There are some essential things to consider, though, when deciding whether to allow this or to request a private autopsy.
Hospital-Performed Autopsy
The hospital will usually conduct the autopsy free of charge. This will likely be convenient for the family but understand that a potential conflict of interest may exist. The hospital’s pathology department will have ties with the physicians or staff involved in your loved one’s care, because that pathology group will handle routine pathologies on a daily basis including biopsies and pathology of tissue removed and routine surgeries. The pathologist is also paid by the hospital, which can influence how objective they will be in their findings.
That said, allowing the hospital to perform the autopsy can save your family the significant cost of hiring a private pathologist.
Private Autopsy
A private pathologist is more likely to provide an independent and unbiased review. However, hiring a private pathologist can cost several thousand dollars. Because of all the factors involved in caring for the body, the family must also make the decision quickly—usually within 24-48 hours of death.
It can help to talk to your wrongful death attorney about your options. They can help you make an informed decision about which option may be best.
How a Wrongful Death Attorney Can Help
At Shapiro, Washburn, and Sharp, we can help you decide what to do in terms of a Virginia autopsy and any other issues involved in your potential wrongful death case. There may be enough evidence without an autopsy to present an argument in your favor, but on the other hand, a private autopsy may yield key proof of negligence where questions exist.
Contact us today for a free initial consultation. We will do everything possible to honor the memory of your loved one, help you and your family recover from this difficult loss, and allow your family to pursue civil compensation where medical negligence was the cause of the preventable death.
We have handled cases like this before, as we did for this client’s family, involving a nurse who died at the very hospital where she helped other patients. The nurse died a wholly preventable death after contracting a hospital infection that was not properly treated. Ultimately, she underwent several post-operative surgeries, which failed to save her life. Though she tragically died, we helped her twin daughters secure a $2.23 million verdict in their favor.
We have Virginia Beach, Hampton, Chesapeake, Portsmouth, and Norfolk offices.