kat46
I would say yes while making her look suspicious.
Sweetbean36
I would imagine so. The autopsy would be her proof of medical negligence.
msmissy
I would say most definitely- how else is the cause of death going to be proved to be malpractice.
BigD
It really depends
if there is a question as to the cause of death then probably yes
texascrazyhorse
You bet! Without an autopsy you have a very limited means of gaining proof of malpractice. A good attorney can make it look like you knew there was no malpractice and you declined the autopsy to prevent evidence of that being shown.
sioballen
An autopsy would be nessecary to prove medical wrong doing, especially if the death is directly related to the the malpractice suit. I would image that her refusal to do this would more than hinder her chance.
MLaw
Yes.
finaldx
That quite depends on the cause of death. I have consulted on cases where an autopsy would not show anything that was not known.
However, if she is not buried or cremated yet, it would be best when the case is filed, shows that you are ready to hear the truth and want everything that is truthful to be available. If the action that constituted the malpractice was documented afterward, you can probably proceed with the suit. Remember that malpractice suits can be filed even when a patient lives through the incident, but it does require good documentation in the medical records.
If you would add some details, I will recheck and see if I can be of more assistance.
Dog Lover
Yes.
Why would she want to hinder the investigation that could lead to more evidence to prove her case?
And depending on where she lives, some states require autopsies of all suspicious deaths. That means she could not refuse.
Also, if the respondent in this case has anything to do with it, they will file motions to require an autopsy.
hikerboy3
In most cases, I would say yes. Accusation isn't usually enough. There needs to be some quantifiable evidence. However, seek an attorney to be sure.
Orignal From: Tips: Would a wife refusing an autopsy of her husband hinder her chance of winning a medical malpractice suit?
Post a Comment