Legal Question in Medical Malpractice in Pennsylvania
Medical Deaths
My father died in the hospital after surgery and I believe there was some medical malpractice, is there any recourse if an autopsy wasn't preformed?
2 Answers from Attorneys
Re: Medical Deaths
The absence of an autopsy doesn't prevent the developement of a meritorious claim.It is often possible to determine from records the cause of death and whether it was preventable.
Re: Medical Deaths
Please accept my sympathies for your loss.
First, anyone considering a medical malpractice lawsuit, especially one in which the patient died, needs to contact an attorney as soon as possible.
Most malpractice attorneys will speak to you for free to see if you have a case they would be interested in working on.
Regarding your question, the short answer is YES.
BY not having an autopsy, you have not surrendered "rights", for example, to sue for malpractice, if that is appropriate, although it may make a malpractice case less likely to succeed.
Where the cause of death is unclear, it may be difficult or impossible to pursue a malpractice suit without an autopsy. In others, the absence of an autopsy may make little difference.
These are issues that you should discuss with a malpractice attorney.
If you are considering a malpractice case you should begin calling attorneys as soon as possible.