Every state in the United States has medical examiners. In Virginia, they are the first tier of deciding on an autopsy. If a suspicious or unusual death occurs in a hospital or at home, the medical examiner has the statutory right to request a medical exam or a full autopsy. When a suspicious, unusual, or wrongful death occurs in a hospital, and the medical examiner is not involved, the family, the physician, or the hospital can request an autopsy in that circumstance.

If you’ve lost a loved one in a preventable accident, call our office to schedule a free consultation. At Shapiro, Washburn & Sharp, we represent the families of wrongful death victims on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Let us help you seek justice and hold those responsible accountable for their actions. Call us today at 833-997-1774 to learn more about your legal options.

What Is the Difference Between a Private Versus Public Autopsy?

There are three different kinds of autopsies. The first one is with the medical examiner, and they can trump all other requests. But if the medical examiner is not involved, the second type of autopsy would be one where the hospital, the doctor, the family, or all unite and have an autopsy done. The hospital’s affiliated pathologist typically performs the autopsy.

The last type, or private autopsy, is handled, directed, and managed by the family, who immediately following the death of their loved one at a hospital, wants an autopsy. They hire a private pathologist from one of the institutions that do private autopsies to handle that autopsy. The results are reported to the family, who must also pay for that autopsy.

In the other two examples, the cost of the autopsy is covered by the state, the hospital, or doctors who request it.

Why Would a Family Request a Private Autopsy?

Families may request a private autopsy to gain clarity and closure about the cause of a loved one’s death. While hospitals sometimes perform autopsies, they are not always mandatory and may focus only on specific issues rather than providing a comprehensive review. A private autopsy, conducted by an independent forensic pathologist, ensures an unbiased examination of the deceased’s body.

Common reasons include:

  • Unanswered questions: If the death was sudden, unexpected, or unexplained, families may seek answers not provided by healthcare providers.
  • Suspicion of medical negligence: If there are concerns about potential malpractice, such as errors during surgery, misdiagnosis, or failure to provide adequate care, a private autopsy can help determine if negligence played a role.
  • Legal or insurance matters: A private autopsy may be necessary to support a wrongful death claim, resolve disputes with life insurance, or document evidence for potential litigation.

How Can a Private Autopsy Help in Medical Malpractice or Wrongful Death Cases?

A private autopsy can play a critical role in establishing whether medical negligence contributed to a loved one’s death. When families suspect malpractice, such as misdiagnosis, surgical errors, or failure to treat a condition, a private autopsy can provide evidence to support their claim.

Benefits include:

  • Identifying errors: The autopsy can reveal if improper treatment, medication errors, or missed diagnoses contributed to the death.
  • Documenting findings: A detailed autopsy report is valuable evidence in legal cases, especially for proving causation in medical malpractice or wrongful death claims.
  • Unbiased perspective: Unlike hospital-conducted autopsies, which may involve conflicts of interest, private autopsies are independent and impartial.

For families pursuing legal action, the findings of a private autopsy can strengthen their case and ensure accountability for medical negligence.

What Should Families Consider Before Requesting a Private Autopsy?

Before requesting a private autopsy, families should consider the following:

  • Costs: Depending on the complexity and location, private autopsies can be expensive, ranging from $3,000 to $10,000.
  • Timing: Autopsies are most effective when conducted soon after death to preserve the body’s condition for examination.
  • Purpose: Families should clarify their reasons, whether for legal purposes, personal closure, or both.

Consulting with a wrongful death lawyer can help families determine if a private autopsy is the right choice.

What Should I Do If I Believe My Loved One’s Death Was Due to Negligence?

Contact our office to speak with one of our wrongful death lawyers and learn about your legal options.

At Shapiro, Washburn & Sharp, we have decades of experience handling wrongful death claims. We understand how to navigate the legal process and work with you to maximize the value of your case. Call us at 833-997-1774 to schedule a free consultation, and let us help you get the financial justice you deserve.