Autopsy

A Vital Tool in Medical Malpractice Cases

Autopsy is a term from the Greek words “autos” (self) and “opsis” (seeing). It refers to the examination of a deceased body to determine the cause of death. This practice has a long and fascinating history. It dates back to ancient times when it was used to understand the human body and the causes of disease. Today, autopsies continue to play a crucial role in medical research, legal investigations, and the resolution of medical malpractice cases. 

History of Autopsies

The roots go back to ancient Greece. Physicians like Herophilus and Erasistratus performed dissections to gain knowledge about the human body.

However, it wasn’t until the Renaissance that autopsies became more widespread and systematic. Andreas Vesalius, often called the father of modern anatomy, conducted numerous dissections and published detailed anatomical studies.  

In the 18th and 19th centuries, autopsies became an essential tool for medical education and research. Pathologists like Giovanni Battista Morgagni and Rudolf Virchow made significant contributions to our understanding of disease through their meticulous examination of cadavers. 

Who Can Request One?

The decision to perform an autopsy generally depends on several factors, including the circumstances of death, legal requirements, and the wishes of the deceased or their family. In general, the following individuals or entities may request one:

• Medical Examiner or Coroner: These officials are responsible for investigating deaths that are suspicious, violent, or unexplained. They also have the authority to order an autopsy to determine the cause and manner of death.  
• Family Members: In many cases, families of the deceased have the right to request an autopsy, especially if they have concerns about the cause of death or suspect medical negligence.  
• Law Enforcement Agencies: Law enforcement also may request an autopsy in cases involving homicide, suicide, or accidental death to gather evidence and aid in their investigation.  
• Insurance Companies: Insurance companies also may request an autopsy to verify the cause of death and determine the validity of insurance claims.  

Types

There are two main types of autopsies:

• Clinical Autopsy: A clinical one determines the cause of death for medical research or educational purposes. It is generally conducted with the consent of the deceased’s family.  
• Forensic Autopsy: A forensic one is conducted to determine the cause and manner of death in cases involving legal investigations, such as homicides, suicides, and accidental deaths. It is performed by a medical examiner or forensic pathologist.  

Components of an Autopsy

A comprehensive autopsy involves a thorough examination of the deceased’s body, including:

1. External Examination: This includes a detailed description of the body’s appearance, such as any injuries, scars, or unusual features.  
2. Internal Examination: This involves dissecting the body to examine the internal organs, including the heart, lungs, liver, kidneys, spleen, and brain.
3. Toxicological Analysis: This may involve testing blood, urine, or tissue samples to identify the presence of drugs, alcohol, or other toxic substances.  
4. Microscopic Examination: The autopsy examines tissue samples under a microscope to identify any abnormalities or diseases.  
5. DNA Analysis: In some cases, DNA analysis may be used to identify the deceased or to determine familial relationships.  

Who Performs Autopsies?

Medical examiners or forensic pathologists, who are physicians specializing in the investigation of death, typically perform autopsies. They have expertise in anatomy, pathology, and forensic science.  

Autopsy in Medical Malpractice Cases

Autopsy results can play a crucial role in medical malpractice cases. If a patient dies as a result of medical negligence, an autopsy can help determine the exact cause of death and identify any errors or omissions in the medical care provided. This information can build a strong legal case against the responsible parties.  

For example, an autopsy may reveal that a patient died from a preventable medical error, such as a surgical error, misdiagnosis, or medication overdose. This evidence can hold doctors, hospitals, or other healthcare providers accountable for their negligence.

In addition to determining the cause of death, autopsies can also help to identify underlying medical conditions that may have contributed to the patient’s death. This information can be important in establishing causation and damages in a medical malpractice lawsuit.  

Conclusion

Autopsy remains an invaluable tool in the field of medicine and law. By providing a detailed examination of the deceased body, they can help to determine the cause of death in wrongful death cases, identify medical errors, and bring justice to victims of medical negligence. As technology continues to advance, autopsies are becoming even more sophisticated, allowing for more accurate and comprehensive investigations.

If you have questions, then visit our free consultation page or video. Then contact the Kopec Law Firm at 800-604-0704 to speak directly with Attorney Mark Kopec. He is a top-rated Baltimore medical malpractice lawyer. The Kopec Law Firm is in Baltimore and pursues cases throughout Maryland and Washington, D.C.