A wrongful death is a special circumstance when someone’s negligence, recklessness or carelessness caused a person to die. On top of that, the person who caused the death should have known their actions could seriously harm or kill the other person.
When a wrongful death possibly occurred, the surviving spouse, parents, children or estate representatives can initiate a wrongful death lawsuit against the person or entity they believe were responsible for the death. This is most common when the death could have involved medical malpractice, but that’s just one cause of a wrongful death.
A wrongful death case can be a long process that involves legal counsel, reviewing the circumstances surrounding the death and even a private autopsy. A private autopsy provides key evidence that is usually essential in proving that negligence, carelessness or recklessness was involved and that it led to the death. In some cases, it will reveal the true cause of the death, which could have been unknown up to that point.
If you find yourself in the difficult position of considering a wrongful death lawsuit, it’s important to know the basics about private autopsies and how they factor into the process. This quick guide gives you all of the essentials you’ll need to know about private autopsies and the role they play in a wrongful death lawsuit.
*Please note: prior to scheduling a private autopsy for the purpose of a wrongful death lawsuit, you should seek legal counsel from a professional that is licensed and experienced.
When Wrongful Death Cases Are Most Common
Not every death, no matter how tragic or unexpected, is going to be a wrongful death. Wrongful death cases are typically initiated when:
- Medical malpractice is suspected.
- A drunk driver causes an accident.
- A plane crash occurs.
- A defective product was involved in the death.
- Poor property mismanagement caused a fatal injury.
- The death was the result of a work injury.
These are just some of the most common scenarios. It’s worth pointing out that malpractice is slightly different than a wrongful death claim. Malpractice strictly refers to medical negligence and mishandling, which is a specific type of wrongful death. It’s actually fairly common, with medical errors being the third highest cause of death in the U.S. according to John Hopkins University.
What to Consider Before a Private Autopsy
Needless to say, deciding to have a private autopsy performed is a serious decision and often critical if it’s part of a wrongful death lawsuit. If nothing else, a private autopsy can provide answers if there are questions about the death and there was no medical examiner review or the medical examiner’s autopsy was inconclusive.
Before you schedule a private autopsy, there are a few points to cover:
Who Will Perform the Private Autopsy
When an autopsy is required or ordered to determine the cause and manner of death there’s no question about who will perform the autopsy. In this case, the county medical examiner is tasked with performing the autopsy. It’s not up to the family members, however, a second autopsy can be performed by a forensic pathologist.
If no autopsy is ordered and performed by the county medical examiner the next of kin can still choose to have a forensic pathologist perform a private autopsy. And that is the key. The autopsy needs to be done by a state licensed forensic pathologist.
A forensic pathologist is trained to perform autopsies, but they don’t work for the county medical examiner’s office or a hospital. They work in a private medical office that is equipped for forensic analysis.
Other than having all of the appropriate medical training credentials and board certifications, experience is extremely important. With each autopsy a forensic pathologist is learning more about human anatomy, minute details associated with various ailments and seeing the signs that point to a wrongful death. And forensic pathologists who were previously a medical examiner can provide additional insights that could prove to be very valuable.
It may also be beneficial to work with a forensic pathologist with specialized training. For example, here in Central Texas, Waterloo Mortuary is a well-known name for cremation services, but the resident pathologist at Waterloo Mortuary also has 15 years of experience as a medical examiner and is able to provide specialized prenatal, exhumation and neuropathology (brain-only) autopsies.
The Cost of a Private Autopsy
A private autopsy isn’t cheap because it’s essentially a series of in-depth medical procedures and analysis that’s performed by a licensed medical professional. It usually costs somewhere between $7,000 and $10,000. It’s important to ask what services are included. Most of the time it’s all-inclusive, including the cost of transporting the body to the facility and providing expert testimony for a wrongful death lawsuit.
It’s a big expense, but many families feel like the answers and closure they provide are worth the cost. And if you have initiated a wrongful death lawsuit, a private autopsy may be necessary to prove your case. Some attorneys are even willing to cover the cost and be reimbursed later after the case is decided.
Be Cautious About Referrals and Recommendations
If a loved one passed away in the hospital and it’s uncertain exactly why, be cautious when speaking with hospital personnel. At the end of the day, they work for the hospital and are there to protect the organization’s best interest.
The doctor who is present at the time of death can also have a conflict of interest that influences their decision on whether or not an autopsy should be performed by the medical examiner. And recommendations for private forensic laboratories may not be based on who is best suited to perform the autopsy.
This is also true if a loved one died on the job, from a defective product or because of negligent property upkeep. The entity that could be to blame will naturally try to protect their own interests, and may try to dissuade the family from having a private autopsy performed.
If you would like to know more about private autopsies from Waterloo Mortuary, pathology services in general or autopsy reports in Texas our team is happy to help. We have operated in the area for well over a decade and have had the honor of working with some of the best providers in the death care industry. Give us a call or text at any time for assistance.