No one wants to lose someone that holds a special place in their heart. But death is an inevitable outcome in anyone’s life, and the best we can hope for is a peaceful ending. Sadly, many people die unexpectedly due to violent or suspicious circumstances, whether it’s by homicide, suicide, or an accident that was caused by negligence.
Deaths involving accidents are normally investigated by the county coroner’s office. A licensed medical examiner will examine the remains and other pieces of evidence from the accident to determine an official cause of death. This process can take a year or more in some cases, and it’s clearly a time of great stress and agony for the remaining family members.
However, a family’s trauma may not end with the coroner’s findings if there are disagreements as to how the decedent passed away. Loved ones that going through this dilemma are faced with a difficult question:
Can I get a second opinion after a coroner’s report on the cause of death of a family member?
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Second Opinion on the Cause of Death in the State of California
A second opinion, or second autopsy, is a service that’s performed after the initial findings by the county medical examiner. According to the NIH (National Institute of Health), family members are allowed to arrange for a medical review, which can be helpful if the family believes there were errors, negligence, or omissions by the coroner’s office.
Second autopsies are important for a variety of reasons, including possible legal action by surviving family members. This is a common practice among clients at our law firm, whose loved ones have passed away from car accidents, slip and falls, defective product injuries, and other incidents caused by negligence.
It’s extremely important to establish an exact cause of death in these cases, as it concerns liability by an entity other than the decedent. The negligent party may be a person, a private company, or a public / government entity. No matter who is at fault, an accurate death certificate is crucial to the process of filing a wrongful death lawsuit and receiving the compensation you deserve.
The personal injury lawyers of Normandie are here for you if you’ve been asking yourself, “Can I get a second opinion on a death certificate on my family member’s cause of death?” Contact our law firm if you would like to receive a free consultation on your rights and legal options.
Other Reasons to Request a Second Opinion on an Autopsy
Evidence for a legal case is a common reason for getting a second autopsy from an independent medical examiner. But there may be other concerns that can be alleviated by a second investigation into your loved one’s death:
- Discovery of hereditary diseases
– by getting a second autopsy, you can verify if there was an unknown of misdiagnosed hereditary disease that was responsible for the death.
- As a part of the grieving process
– having official answers on the cause of your loved one’s death can give you reassurance and help you move forward with the rest of your life.
- Suspicion of incompetence or deliberate misconduct
– this is crucial if you feel that there was careless or intentional misconduct by the coroner or the facility they work for. Seeking legal advice is highly recommended if you suspect malpractice or concealing of evidence by the coroner’s office.
Requesting an Independent Second Autopsy
Medical examiners and coroners carry our postmortem investigations when the cause of death is unexpected, violent, or suspicious. Sometimes, they may conduct a second autopsy on their own if they come across new evidence or find that there may have been mistakes with the first examination. But it’s more likely that the family members or a lawyer representing the family will ask for a second opinion on the cause of death.
Based on the clients we have represented over the years, we find that a second autopsy can reveal new or additional information regarding:
- Cause of death
- When the death occurred (estimated time of death)
- Pre-existing medical conditions and new results from toxicology reports
- Evidence to indicate misconduct or incompetence by the county coroner
What Happens during a Second Opinion Autopsy?
The exact course of action during a second autopsy depends on the reason for why the service was requested. If you have a negligent death lawsuit attorney representing you (or the estate), they will probably ask for a wide range of tests and reports. Regardless of the reason, a second opinion medical exam is meant to clarify any questions or unclear / suspicious findings regarding the victim’s death.
Here are some of the things you can expect when you hire an independent pathologist for a second opinion on the coroner’s findings:
- Forensic examination of existing records
- A written review of the initial report by the coroner
- Analysis of post-mortem photos, evidence from the crime scene, and statements from witnesses
- Statements of new findings or alternate interpretations
- Attendance at a court hearing, if necessary
Do I have to Pay for a Second Opinion on my Loved One’s Cause of Death?
The first investigation into a death by the county coroner does not cost anything for the family members. This is a service that is ordered by law due to circumstances that merit further examination, which is usually the case with accidental deaths.
A second autopsy, on the other hand, does require payment from the family. The cost depends on various factors, including the type of information that’s being requested and the amount of records / evidence that must be examined. A second opinion from an independent pathologist can cost $3,000 or more, which is a substantial amount for anyone that’s already had to pay for a funeral and other post-mortem expenses. That’s why it’s important to hire a reputable expert and ask for a specific breakdown of everything they will include in their report.
If you are seeking compensation from a wrongful death lawsuit, we can assist you in finding a qualified medical examiner and ways to pay for a second opinion medical exam into your family member’s death. We are ready to listen and help you explore available legal options, including a lawsuit against the party that caused your loved one’s passing.
Help from an Accidental Death Lawsuit Attorney
Losing someone to an accident is a catastrophic event in anyone’s life, especially if the death was caused by someone else’s careless or dangerous actions. These incidents can happen anywhere – out on the road, in people’s homes, at nursing homes and hospitals, and commercial properties that you visit on a regular basis. People deserve answers as to who is responsible for their loved one’s death, along with compensation for their monetary and emotional losses.
Sometimes, a second opinion is required after a coroner’s autopsy, but this may be difficult to obtain for some family members. Guidance from a California wrongful death lawyer can help you navigate the legal process and bring you the answers you need in order to proceed with a compensation claim.
Whether you are just starting a lawsuit or have a claim that’s waiting to be resolved, we are here for you anytime you call. We provide initial consultations and second opinions at no cost to you under the Zero Fee Guarantee. This policy also ensures that all legal fees will be paid by the defendant once we secure the settlement you are entitled to. Since we don’t believe in getting paid unless you do, you owe us $0 if we fail to win your case.
If you have any questions or concerns about a family member’s accidental death, contact us right away. We look forward to assisting you during a free case review or free second opinion.
