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Idaho autopsies and medical malpractice lawsuits

On Behalf of | Mar 21, 2023 | Medical Malpractice

An Idaho resident might file a medical malpractice lawsuit if they are injured because of a doctor’s or another healthcare professional’s negligence. If the person passes away because of negligence, their family might decide to file a lawsuit on their behalf. The family must prove that negligence on the part of the medical provider resulted in the death. An autopsy is often required to prove that negligence was likely the cause of the patient’s death.

The hospital requests an autopsy

The hospital where the patient died can perform an autopsy on a patient if there’s a claim of medical malpractice. If the case is sent to the medical examiner’s office, the medical examiner will perform the autopsy.

The family requests an autopsy

A family can request an autopsy from a medical examiner, private pathologist or coroner. The family may need to do this before making any claims of medical misconduct so that they’ll have evidence to support the case.

A private autopsy requested by the family can also eliminate bias that might influence an autopsy performed at the hospital in the case. A county medical examiner is less likely to have a bias. The examiner isn’t associated with the hospital, so the focus is on determining the cause of death and nothing more.

The moral dilemma of an autopsy

The decision to get an autopsy might cause friction within the family. A family might have religious or moral views that don’t allow for an autopsy. It’s also possible the patient had expressed their desire to not have an autopsy. The family will have to determine how to proceed. However, filing a lawsuit may prove difficult without an autopsy.