Blog Topic

Should I Request An Autopsy?
Posted by: Craig Knapp
May 03, 2009

The question frequently arises whether or not a loved one who recently died should have an autopsy.  In virtually every case that I am asked this question, my answers is the same . . . YES.  One needs to remember that if they are suspicious of neglect, abuse, medical malpractice or some other wrong-doing relating to their loved one and are considering a lawsuit, you have the burden of proof.  That is, you must pursuade a jury by the preponderance of the evidence that the negligent act caused or contributed to the death.  The defendants have to prove nothing.  By having an autopsy, you'll get answers to the true cause of death.  More importantly, you will be able to rule out other medical conditions which may have existed but did not in any way play a role in the death.  Defense lawyers love to pull out prior medical conditions from the records and argue that these conditions caused the death and not their client's negligence.  Without an autopsy, a doctor is left to speculate and write on the death certificate what he or she thinks caused the death.  Often, they are wrong. 

In Maricopa County, the medical examiner's office does not have to complete an autopsy in every case.  You must make every effort to demand an autopsy and if the medical examiner's office declines you have the right to have a private autopsy.  In other words, you can pay a private forensic pathogist to conduct an autopsy.  This typically costs somewhere between $1500 and $3500.  However, it is extremely important and your case may come down to the results of the autopsy.  Jurors are very interested in the cause of death and expect definitive and concrete answers, which typically come from the autopsy results.     

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