$I Billion for Injured New Yorkers
Our Results
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
Rosenberg, Minc, Falkoff & Wolff, LLP
Experienced & Trusted Medical Malpractice Lawyers
Call today for a Free Consultation
Serving the greater NYC Area: Manhattan, Brooklyn, Queens, Bronx & Staten Island

Cause of Death in a Wrongful Death Case

In a wrongful death case, the main thing the jury will want to know is what caused the death of the person. A pathologist is usually called to provide this information. A pathologist is an expert doctor who specializes in understanding the cause of death of a person. The pathologist will perform an autopsy, which is a clinical examination of the individual's body. When the autopsy is undertaken and done, the main purpose would be to evaluate and find out why the person died.

Why is an Autopsy Done?

An autopsy is a procedure where the pathologist carries out an in-depth examination of the dead body. The doctor will examine all the major internal organs such as heart, brain, liver, lungs, spleen, and kidneys to gather evidence that might point towards the cause of death. All findings are then put in proper perspective and a final report is made that will reveal how the person could have died, or what caused the person to die.

Once the cause of death is known, it can indicate whether there was medical wrongdoing or whether there was some other cause for the person to die. An autopsy might not necessarily reveal a wrongdoing, but will provide the facts about how the person died. Hence, an autopsy can help in proving a wrongful death claim, or it will show that the medical procedures or drugs did not play any part in the person's death. Due to the unprejudiced nature of the autopsy report, it is considered a crucial piece of evidence in a wrongful death case.

The Need for a Pathologist at a Wrongful Death Trail

Once a pathologist carries out an autopsy and is able to ascertain the cause of death, then at the trail, the pathologist would be the best person to explain to the jury, how the person died. If the doctor who did the autopsy is not available, then another pathology expert can be called to read and interpret the pathology report to the jury. He will be able to explain to the jury, what it was that caused the person to die.

In a wrongful death case, it is critical for the jury to understand how the person died. The pathologist is called as an expert witness to clearly explain this, and point out the exact cause of death. You cannot simply take the autopsy report and submit into evidence. You need an expert doctor such as a pathologist to come and explain to the jury what the report and its medical terminology actually means.

The pathologist will not only have to reveal the findings to the jury, but also explain in detail what the significance of those findings was. This is very critical to the case and that is why you need an expert coming in and explaining to the jury the cause of death.

The cause of death will reveal whether there was any wrongdoing, and what part the wrongdoing played in the person's death. Based on this the jury will be able to pass a proper judgment about a wrongful death claim.

No Comments

Leave a comment
Comment Information

Learn About Medical Malpractice Cases in NYC

Watch all videos »

Listen to our clients

Watch all videos »

Case of the month

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

Medical Malpractice Blog

$25 million verdict against New York Methodist Hospital
When a child is born, parents expect the doctor, nurses and other staff to provide care that is up to the...
Read This Malpractice Post

Experienced & Trusted medical malpractice lawyers

  • Top Lawyers 2016
  • Litigator Awards
  • Verdicts and Settlement Hall of Fame
  • BBB Accredited Business | A+
  • Avvo Rating 10.0 Superb | Top Attorney Medical Malpractice
  • Rated By Super Lawyers | Daniel C. Minc | 5 years
Call 1-866-516-5887 or email us to set up your free, confidential consultation. Our experience can make a difference for you.

Office Locations - Call today to schedule a consultation 1-866-516-5887

16 Court Street
Brooklyn, NY 11241

Brooklyn Law Office

3101 Broadway
Astoria, NY 11106

Astoria Law Office

8900 Sutphin Blvd
Suite 501
Queens, NY 11435

Queens Law Office

9201 4th Ave
Brooklyn, NY 11209

Brooklyn Law Office

Firm News

Robert H. Wolff Named President
Firm Attorney, Robert H. Wolff is now the president of the New York City Bronx County Bar Association
About This Attorney

Back to Top