All Certified Legal Nurse Consultants know that an autopsy can help to prove or disprove causation in a medical malpractice case. In fact, some plaintiff attorneys will not pursue a case without one. It’s the plaintiff who has the burden of proof. Without an autopsy the defense can muddy the waters and come up with all kinds of creative explanations for the cause of death.
This article poses the question of whether autopsies are already dead. It also reveals the shocking reality of just how few non-forensic autopsies are performed in the U.S. Whether you’re consulting for the plaintiff or defense, this article is a must-read for CLNC consultants.
I’m Just Sayin’
P.S. Comment and share your thoughts on why so few autopsies are performed.
I was deputized in New Mexico to pronounce deaths while working home health. The state was short of coroners and used nurses who were experienced and were not squeamish. We were taught to assess for any marks on the body that would point to a potential homicide or suicide. That being said, I was called over every report sent to the state coroner’s office to determine if this person died of natural causes or not. I found that it saves the state money and time if nurses do this, if there is no need for an autopsy.
In my first case as a CLNC® consultant, I analyzed the autopsy report of a dead baby that should have lived had the nurse done her job during the labor process. The report bolstered my opinions I had given my attorney-client and we got the case settled quickly.
I read this article you are talking about and was surprised to learn about doing away with autopsies. Does this mean that “Gross Anatomy” will be done away with also? What will medical students dissect in labs that resembles human anatomy? Or will this change the surgical arena? Maybe computerized robots will do surgery?
Something to think about.