If A Loved One Has Died and You Need Answers, Consider a Private Autopsy

11:20 AM, Jul 27, 2021
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When a loved one passes and the family suspects that the death was caused by someone’s carelessness, they generally have a lot on their minds. Beyond dealing with their grief and planning funeral services, they are also wondering what happened and whether they have a legal claim. To these ends, the family may consider having an autopsy performed. This article endeavors to provide you with basic information regarding autopsies and how to request one.

Doesn’t the Coroner or Medical Examiner have to Perform an Autopsy?

Not necessarily. In most states, laws and regulations specify when the coroner or medical examiner must perform an autopsy. For example, in Kentucky and Ohio, statutes set forth what deaths are to be investigated. In performing the investigation, the coroner may order an autopsy, but in most cases they are not required to do so. Accordingly, whether an autopsy is ordered is largely within the coroner’s discretion.

What does this mean for the family of the deceased? It means that if the death does not meet the criteria set out by statute, it will not be investigated and an autopsy will not be performed. It also means that the coroner may deny a family’s request to have an autopsy performed.

Asking for an Autopsy

If your loved one passes, you can ask the coroner to investigate the death and to have an autopsy performed. But what do you do if the coroner refuses? If your loved one died in a hospital, you can ask whether that hospital performs autopsies and, if so, if they would agree to perform one. Not many hospitals still perform autopsies, however. The good news is there is another option: a private autopsy.

A private autopsy is an autopsy that is performed by a physician not employed with the coroner’s and/or medical examiner’s office. The downside to a private autopsy is that, unlike an autopsy performed by a coroner or medical examiner, the family usually has to pay for the autopsy. Unfortunately, private autopsies may be costly. Insurance and attorneys will not cover that cost.

How do I request a private autopsy?

In order to request a private autopsy, you need to find a doctor that performs them. Generally, the best way to find a private autopsy provider is by searching the internet. To find local providers, try using the name of your town or city with “private autopsy” as your search terms.

Teaching hospitals and medical schools are more likely to provide private autopsy services than non-teaching hospitals. There are also businesses that perform private autopsies. As with any medical provider, be sure to check the provider’s credentials and background prior to engaging him or her.

Timing

Once a person dies, their body begins to change chemically, which can effect certain tests performed during an autopsy. For this reason, it is important that if you are going to seek an autopsy, you have it done sooner rather than later. Also, some private autopsy providers will not perform an autopsy if the body has been embalmed.

Other Important Considerations

If an autopsy reveals or you suspect that your loved one died due to the negligence of another, you will need to speak with a wrongful death attorney as soon as possible. State law places strict limits on the time loved ones have to pursue a wrongful death claim. If a claim is not filed in time, they may never receive the compensation they deserve for their loss.

If you would like to speak with a wrongful death attorney, contact the experienced attorneys at Burg Simpson today. To reach them, you can click here and fill out a free case evaluation form or call 513-852-5600. Burg Simpson’s nationally recognized attorneys have stood up for their clients’ rights for more than 40 years. They have the experience, resources, and reputation needed to get their clients the money they deserve through settlement or trial. They are ready to fight for you and your family.

BURG SIMPSON’S PERSONAL INJURY ATTORNEYS IN CINCINNATI ARE HERE TO HELP YOU

Burg Simpson’s Cincinnati office has decades of experience fighting injustices throughout Ohio, Kentucky, and the nation. They represent individuals who have suffered serious injuries as a result of defective pharmaceutical products and medical devices, motor vehicle collisions, tractor trailer crashes, and dangerous products.

Burg Simpson is a national law firm with offices across the country and more than 60 attorneys. Burg Simpson has the experience, reputation, and resources to fight for you against the biggest companies in the world.

Burg Simpson's attorneys are nationally recognized as top litigators. Examples of some of the honors that Burg Simpson has been humbled to accept include:

  • Best Lawyers “Lawyer of the Year 2020,” Personal Injury Litigation – Plaintiffs, Cincinnati (Janet Abaray)
  • Best Lawyers “Lawyer of the Year 2014 and 2021,” Mass Tort Litigation/Class Actions – Plaintiffs, Cincinnati (Janet Abaray)
  • 27 Best Lawyers® in America – US News and World Report
  • 32 Super Lawyers® and Rising Stars – Super Lawyers / Thomson Reuters
  • No. 1 Product Liability, Mass Tort, and Class Actions in Pharmaceutical and Medical Device Litigation - The Legal 500
  • No. 1 National Products Liability Firm – Martindale Hubbell
  • Top 25 Most Influential Law Firms in America – National Trial Lawyers
  • National Top Tier Law Firm – US News and World Report Best Law Firms

If you have been hurt in an auto collision, by a dangerous drug, or by a defective product, it is extremely important that you speak with an attorney as soon as possible. Contact Burg Simpson’s Ohio office right now by filling out a Free Case Evaluation Form, or call us directly at 1-513-852-5600. We are here to help.