Legal Question in Medical Malpractice in California
Autopsy Report
My brother was in the hospital in 2004 under a doctors care for swelling in his lower extremeties. He died while there unexpectedly. He was considered a very stable patient and had no heart monitor. Doctors said it was a massive heart attack. We requested an autopsy at the hospitals expense. We have yet to receive a copy of the autopsy report. What are our legal grounds to obtain a copy. We feel their was negligence. Thank You.
2 Answers from Attorneys
Re: Autopsy Report
If the family contends there was any malpractice, they should promptly consult with an attorney about the time limits for filing suit, and to determine who has the right to do so, before spending any more limited time getting the copy. Contact me if interested.
Re: Autopsy Report
If your brother was married, she is next of kin and has the authority to obtain all of the medical records, including the autopsy report. When you get the records and the report you will need to have a qualified attorney review the case to see if there was provable malpractice. There is no charge for this.
If there is a case you will need representation. Medical malpractice in California is done on a contingency basis. No recovery, no legal fee. The percentages are established by statute.
I suggest you have a qualified med mal lawyer talk to the interested family members and proceed if they want to look into things further.
Wrongful death in California belongs to the spouse and/or childrent of the deceased. If there is no spouse and no children, then to the parents of the deceased. If there are no parents then to the brothers and sisters.
Please feel free to contact this office if we can be of further assistance.
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