The pain of losing a loved one is heart-wrenching, but the pain of losing a loved one due to medical negligence is horrific and should never happen. Losing a family member wreaks havoc on emotions and can make it difficult to think, speak, act, or comprehend exactly what happened. Understandably, the furthest things on the minds of those who are grieving is to request an autopsy report.
It is critical to request an autopsy report if you suspect your loved one’s death was the result of a medical negligence!
To pursue a wrongful death claim, an attorney must be able to prove negligence by a medical professional directly caused the patient’s death.
A death certificate is documentation provided by a medical practitioner that certifies a deceased person’s physical state and vital statistics such as name, age, date of birth, date of death, cause of death and location of death. Additionally, an autopsy is a post-mortem examination the decedent to determine the cause of death. An autopsy is conducted by a medical examiner.
The difference between a death certificate and an autopsy report is significant.
An autopsy can help determine the causal connection of negligence with cause of death. A death certificate only touches the surface.
In some situations, the death certificate may make clear that the patient’s death resulted from a medical professional’s negligence. However, the causal connection may be difficult to establish if the patient has a history of medical issues. This is when an autopsy report is needed.
You will need a knowledgeable medical malpractice attorney that can determine the causal connection between medical negligence and cause of death.
In the state of Ohio, your lawyer must prove these 4 things:
- The patient’s death was a result of negligence.
- The patient would have been entitled to compensation for their injuries if they had survived.
- A patient’s surviving family member exists.
- The surviving family member suffered damage as a result of the patient’s wrongful death.
If you suspect substandard care resulted in your loved one’s death, you need to call me immediately.
Author: Tim Misny | For more than 34 years, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.