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THIS is a true story

A call came in the other day. A hysterical woman was on the phone. Her husband had died just a few days. The hospital was in New York City. The woman and her family wanted to know what to do.

What to do? I think that they call the lawyer of misconduct within minutes of their loved ones who have died, and she calls me? Would they prefer not to talk to a lawyer until after he buried? After a moment of pause, I began to calm my request. How old was he? Why was he in hospital? What do you think was done wrong, to his death? What is the cause of death?

The more questions I have, the more I realized that the recently deceased husband was ill for many weeks before arriving at its final destination. His wife had my series of on-line article entitled "In case of death ..." His family knew months before that last day, that he is the victim of medical malpractice. Despite this alarming fact to know, his wife decided to call from a medical malpractice lawyer in New York until he died. They did not want to anger her husband with the terrible knowledge that he had to die because a doctor's diagnosis of lung cancer.

The first question was asked whether an autopsy should be. The answer to this question a number of very important issues. The first is religious. The second reason is the competence of the individual doing the autopsy. First, I will describe what is an autopsy. Then I will show you how I answered pressing question.

An autopsy is a thorough physical examination of persons who have died. The doctor who has undertaken this review as a pathologist or a medical examiner. They are literally the anatomy of humans who have died. You see, see and evaluate the cause of death. To do this, they need to open and use any part of the body. They take samples of body tissues and fluids and examine them under a microscope.

Getting back to my reply, I have their religion. Why did I ask? In some religions there is a ban on desecrating a body after someone has died. An autopsy, according to some religions, disrupts a person's ability to make life after death with an intact body. In their case, there was no religious ban on carrying out an autopsy.

The advantages of an autopsy are numerous. If the test correctly and professionally by a doctor with experience, the autopsy can cause a great deal of useful information. However, an autopsy is a double-edged sword, if the assessment of benefits in a possible bankruptcy wrongful death case. Typically, an autopsy to determine why a person died. In many cases, to death, autopsy not only provides valuable information on how and why someone died, but also provides useful information to be used against the family at the time of examination.

Here is the dilemma:

In an error in the diagnosis of lung cancer, if we argue that the failure to diagnose the causes of lung cancer to spread and eventually to an early death. We also argue that the cancer was detected early, the patients would have been able to compare the treatment and would be alive today.

Let's say the victim was 65 years old, and we believe that he is otherwise healthy. An autopsy could show that he had massive heart disease. An expert pathologist could argue that because of his massive heart disease, his life-even in the absence of lung cancer would have been significantly reduced. What is the next logical argument of the defense?

Even if the victim did not have cancer, there is still a chance that he probably would have died within a few years, either from a heart attack or stroke (from a build of plaque), and the failure to diagnose cancer didn 't really shorten its lifetime.

While there are certain benefits to obtain an autopsy, it is always packed with the possibility that the defense will have gained useful information against you and your family during a wrongful death case. Apart from this, it is usually positive for an autopsy to be carried out. Why? To determine the exact cause of death. Once we have confirmed the exact cause of death, we can back and determine whether it is a slow-growing cancers or fast growing cancer. The difference is significant and can mean the difference between a valid or a malpractice case that no performance.

By the time I was finished talking with this clearly desperate woman, I realized that an autopsy would be beneficial for them and their family. It would help to quiet chatter of a few of the doctors that he died of an unrelated illness. This woman needs counseling and information from an experienced lawyer medical liability. The knowledge I have helped her make an informed decision about what to do next.

Oginski Gerry is an experienced medical liability and personal injury trial lawyer practicing law in Brooklyn, Bronx, Queens, New York, Staten Iceland, Nassau and Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for more than 19 years. As a solo doctor, he is able to be 100% of his time to each individual customer. A client is never a file in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read recent testimonies of real doctors in medical malpractice cases. Find out the answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read more about his successes. Read the latest news from the injury and abuse. I guarantee it's something for you. See Gerry's website at http://www.oginski-law.com. Call him at 516-487-8207.

So, go to Gerry http://medicalmalpracticetutorial.blogspot.com for free educational videos on malpractice & accident law.