The Role of Autopsy Reports in North Carolina Wrongful Death Litigation

Losing a loved one is heartbreaking. But when their death is caused by someone else’s negligence, the pain can be even greater. Here in North Carolina, a wrongful death lawsuit allows families to seek justice and compensation for their loss. One of the most important pieces of evidence in wrongful death cases is the autopsy report. What exactly is an autopsy, and how does it play a role in wrongful death litigation?

What is an autopsy?

An autopsy is a medical examination of a deceased person’s body performed by a pathologist. The goal of an autopsy is to determine the cause and manner of someone’s death. This process is critical in wrongful death cases because it can provide clear evidence of how and why someone passed away. During an autopsy, the medical examiner will:

• Examine the body internally and externally.
• Collect tissue and fluid samples for lab tests.
• Investigate signs of trauma, disease, or poisoning.
• Write a detailed report with their findings.

Authorities typically order autopsies in cases of unexpected, suspicious, or violent deaths. In a wrongful death case, the family can request one privately if an official autopsy hasn’t been performed.

Per the Cleveland Clinic:

Pathologists can do autopsies on bodies any time after death. However, the sooner, the better. After 24 hours, organs and other body tissues start to deteriorate, which makes it more difficult to perform certain tests and assess their accuracy.

Forensic pathologists can still do autopsies on decomposed or exhumed (removed from burial in the ground) bodies. But, the detail and extent of information (and/or evidence) they can gather may be limited.

What information does an autopsy provide?

A thorough autopsy report offers important details that can make or break a wrongful death case. Some of the findings from an autopsy include the following:

• The report will list the official cause of death, like a heart attack, blunt force trauma, or organ failure. This can help determine whether the death was due to natural causes, an accident, or intentional harm.
• The report will also list the manner of death, which can be natural, accident, suicide, homicide, or undetermined. For a wrongful death lawsuit, it’s important to prove that the death resulted from an accident or intentional harm due to someone else’s negligence.
• The report may show evidence of negligence. For example, if a doctor made a fatal mistake, a car accident caused internal injuries, or toxic exposure led to death, an autopsy can uncover these facts.
• The report can also establish when an injury occurred. For example, if the injuries happened before the accident, it might not be relevant to a wrongful death claim. If they match the timeline of an event caused by negligence, however, the report can strengthen the claim.
• Autopsy reports often help in medical malpractice If a surgical error, misdiagnosis, or failure to treat a condition led to death, an autopsy can provide the necessary proof.

How is an autopsy used in a wrongful death case?

An autopsy report can serve as powerful evidence in a wrongful death lawsuit. It helps prove:

• That the defendant’s action (or inaction) led to death. For example, a truck driver runs a red light, causing a fatal crash. The autopsy can confirm that the victim died from injuries sustained in the accident.
• The severity of the injuries. For example, a slip-and-fall victim develops a traumatic brain injury. The autopsy can confirm that the cause of death was brain swelling due to the fall.
• Contradictions in the defendant’s story. For example, a nursing home claims an elderly woman died from natural causes. However, the autopsy reveals untreated bedsores and malnutrition, suggesting nursing home neglect.
• Damages and compensation. The autopsy can help determine whether the deceased experienced pain and suffering before death, affecting the amount of compensation to be awarded.

Can an autopsy report be challenged in court?

Yes. While these reports are often admissible, they might not be automatically accepted as evidence. There are various reasons why a report might be challenged or ruled inadmissible:

• If there are issues with how the autopsy evidence was handled (chain of custody issues), the report’s credibility may be called into question. For example, if the body wasn’t properly stored or tissue samples were lost, the defense may argue that the findings are unreliable.
• If the autopsy was performed by a medical examiner with ties to a hospital or government agency that might be held liable, there could be concerns about bias. In some cases, families may seek an independent forensic pathologist to conduct another autopsy.
• If the autopsy report contains mistakes, conflicting information, or missing details, the opposing side may argue that it shouldn’t be used as evidence.
• The defense may bring in their own expert witnesses to challenge the autopsy findings. For example, if an autopsy states that a patient died from surgical complications, the defense might argue that the patient had an underlying condition that contributed to their death.

An autopsy report alone may not be enough. Our Charlotte wrongful death lawyers often work with medical experts who can explain the findings in a way that supports your case.

How can your Charlotte wrongful death attorneys help with my case?

If you’ve lost a loved one due to someone else’s negligence, you need an experienced wrongful death lawyer on your side. At Price, Petho & Associates, our skilled attorneys can:

• Obtain and review the autopsy report.
• Consult with medical experts.
• Ensure the report is admissible in court.
• Challenge misleading or biased findings.
• Use this evidence to build the strongest case possible.

An autopsy report can play an important role in wrongful death litigation, but it must be handled properly to be effective in court. If you think your loved one’s death was caused by negligence, don’t wait to take action. At Price, Petho & Associates, we understand how devastating a wrongful death can be. If you have questions, we have answers – we’re here to help. Please call our office or submit our contact form to schedule a free consultation at one of our Charlotte, Rutherfordton, or Rockingham offices today.