But what happens when an autopsy is performed, in anticipation of litigation, and the body is subsequently cremated? Regardless of whether the autopsy is performed by a county coroner or an independent pathologist, I would argue that cremation of the body is tantamount to the intentional destruction of evidence in a wrongful death case.
March 28, 2023 at 11:58 AM
5 minute read
As defense attorneys, in medical malpractice cases, we are inevitably tasked with finding creative ways to challenge causation and mitigate damages.
In particular, in wrongful death cases, autopsies can be helpful in evaluating the manner and cause of death. During litigation, pathology experts will often look to the autopsy findings (and specimens) to render their own opinions as to the cause of death.
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