When a loved one dies under questionable circumstances, getting answers can be difficult. Medical examiners and coroners are tasked with determining the cause and manner of death after an autopsy. While these findings are generally accurate, mistakes do happen. If you disagree with the official cause or manner of death, you may be able to challenge the autopsy findings in Texas.
What is an Autopsy?
An autopsy is a post-mortem medical examination conducted by a forensic pathologist, medical examiner, or coroner. The purpose is to determine the cause and manner of death. Autopsies involve externally examining the body and internal examination of organs.
Forensic pathologists look for evidence of disease, injury, or toxic substances that could have contributed to death. They may take samples for lab testing. At the end of the autopsy, they issue a report with their findings and official cause and manner of death.
When Are Autopsies Performed in Texas?
Texas law mandates autopsies be performed in certain circumstances, including:
- Deaths that occur under suspicious or abnormal circumstances
- Deaths that occur while in police custody
- Deaths that occur within 24 hours of admission to a hospital
- Deaths potentially caused by unnatural means like trauma, poisoning, or drug overdose
Autopsies may also be authorized by a justice of the peace if the family requests it or if the medical examiner believes one is warranted.
Challenging the Cause of Death
Most autopsy conclusions are accurate. However, mistakes do happen. Common reasons to challenge an autopsy report include:
- Errors in the Cause of Death – The forensic pathologist may have missed evidence pointing to a different cause of death or made an incorrect determination.
- Incomplete Testing – Lab tests ordered may have been insufficient to identify the true cause of death. Important tissue samples may not have been collected or tested properly.
- Failure to Identify Contributing Factors – Autopsy reports often list only the immediate cause of death. Other underlying conditions that contributed may be left out.
- Clerical Errors – Technical mistakes in autopsy paperwork like incorrectly recording test results or demographics could lead to an erroneous cause of death.
- Biased Conclusions – Some researchers have found racial and gender bias in autopsy findings, pointing to systemic issues that could impact conclusions.
The Manner of Death
Autopsy reports also include the manner of death – whether it was natural, accidental, suicide, homicide, or undetermined. You may dispute the manner of death if you disagree it fits the description given.
For example, a death ruled a suicide may have actually been an accidental drug overdose. Or a death called accidental could have been negligence. Getting the manner of death changed officially can impact insurance claims and civil or criminal cases.
How to Dispute Autopsy Findings in Texas
If you believe the autopsy findings in your loved one’s death are inaccurate, you can challenge them through these steps:
- Get an independent second opinion – Consult with a private forensic pathologist to review the autopsy report, lab results, and other records. They can determine if the conclusions are supported or if errors were made. Their written report can be powerful evidence.
- Submit a complaint – Every county medical examiner’s office in Texas has a complaints process. Use this to outline exactly what findings you disagree with and why based on the second opinion. Ask them to amend the cause and/or manner of death.
- Request a new inquest – For suspicious deaths, a justice of the peace holds an inquest hearing. Ask for a new inquest so you can present testimony on why the autopsy conclusion is wrong. This public hearing may convince them to change the official records.
- Hire an attorney – For complex cases involving civil lawsuits or criminal charges, an injury attorney experienced in challenging autopsy reports can help navigate the process. They work with medical experts to build the strongest argument.
Getting the cause and manner of death corrected is important for legal reasons and closure. With the right evidence and persistence, officials may change their autopsy conclusions.
Call Ed The Law Bull for a Free Consultation
Sadly, autopsy errors and oversights are more common than many realize. If you’ve lost a loved one due to somebody else’s negligence, we can help.
Our compassionate attorneys have helped numerous families get the real answers and justice they deserve. With our guidance, we can work to correct the record and get you the compensation you deserve.
Call Ed The Law Bull in Houston today at (713) 231-0194 for a free consultation.
You also can visit our office at 6671 Southwest Freeway Suite 220, Houston, TX 77074.