Legal Question in Medical Malpractice in Ohio

autopsy required?

In Ohio ...is an autopsy required in all medical malpractice cases that resulted in death , as well as in wrongful death cases. My mother would have to be exumed if this is the case. also...with my father as executor of said estate,can he sign a waiver to another family member to file a wrongful death claim ,as he is elderly and does not wish to be bothered with all the legalities himself ,although would like this looked into. thank you. I have talked with 2 attorneys briefly on the phone but have not been given an answer. This will provide us with the information we need on order to decide if we need to have a consultation and follow through on this matter legally,as we feel we need to. thank you.


Asked on 10/25/00, 10:22 am

1 Answer from Attorneys
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: autopsy required?

An autopsy is not necessarily required in all medical malpractice cases; however, if the cause of death is in dispute, the lack of an autopsy weakens the Plaintiff's case. There are some factual circumstances where an autopsy may be necessary, but this would have to be determined after an investigation of the facts.

With respect to the Administrator, someone other than your father can be appointed as Administrator or Co-Administrator to handle any medical malpractice/wrongful death actions.

Please be aware that the statute of limitations for medical malpractice is one year from the later of the injury, the discovery of the malpractice, or the termination of the physician/patient relationship, whichever is later. The statute of limitations for a wrongful death action is two years from the date of death.

If you need further assistance, please contact me at 614-464-4644 or contact another attorney of your choosing.

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Answered on 11/15/00, 4:02 pm


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