QUESTION
Can a hospital do an autopsy when told by spouse that she would be having an outside firm to do the autopsy?
Asked on Mar 20th, 2018 on Civil Litigation - Alabama
More details to this question:
Husband had a motorcycle accident and was in hospital for 6 weeks. During that time, I watched the hospital neglect my husband's needs repeatedly, even upon my begging and pleading with them. The hospital did many, many things to neglect him and ultimately he passed away. Immediately upon his passing, the Dr came to lobby and let myself and other family members know. At that time, they asked if I wanted an autopsy performed. I told them that they, the hospital was not to touch my husband anymore and that I would be hiring an outside firm to do the autopsy. My family and I stayed there for 5 more hours waiting on the funeral home to pick up his body. About 30-60 minutes prior, we left. In that length of time, the hospital did a quick autopsy. They took all my husband's organs. I have the video of the autopsy where you hear in background where funeral director from our hometown comes into the room and asks them what they were doing.. I found out from when attempted 2nd was done.
1 ANSWER
Complex Civil Litigation Attorney serving Gulf Shores, AL
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I'm answering this without research but Ive been practicing law a long time and I'm almost certain you have grounds for legal action against the hospital and the doctor who disobeyed your instructions not to do an autopsy, not only without permission, but against permission. I'm almost certain the door is open for punitive damages, but a firm answer on that will require a little legal research. The next step up would be to consider whether you have cause of action against the hospital or the doctors for neglect of your husband during the six weeks he was in the hospital. That's a much higher bar, but its worth doing the legal research to see. But even without that as a possibility I think there is good potential for substantial damages just on account of the autopsy. Almost any really good civil trial lawyer would know what to do with this, and while I am very sorry for your loss I wish you good luck with this. Its worth pursuing. The right lawyer will not charge you any money up front. This type of case is normally handled on a contingency basis, in which the lawyer receives a percentage of the recovery if he or she is successful.
Answered on Mar 21st, 2018 at 7:38 AM