What is my recourse if I requested and consented to an autopsy to be done on my mother but one was never performed?

UPDATED: Feb 22, 2012

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What is my recourse if I requested and consented to an autopsy to be done on my mother but one was never performed?

My mother passed away 4 months ago. The doctors and I were in agreement that we wanted an autopsy because they were not sure what was making her so sick. I requested and signed a consent to have one done and found out after she was cremated that it was never performed.

Asked on February 22, 2012 under Malpractice Law, New Jersey


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to figure out if the person who ordered the cremtation was doing this to cover up things done or not by the doctor or if this was simply a mistake. You may wish to speak with an attorney who handles such matters and see if anything can be done. The issue would be one of damages. So that would the most significant and most difficult to prove.

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