My uncle passed yesterday of unusual causes. He had no advanced directive. The doctor who looked after him mentioned not even kn
Sacramento, CA
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Posted 7 months ago in Medical Malpractice
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My uncle passed yesterday of unusual causes. He had no advanced directive. The doctor who looked after him mentioned not even knowing the true cause of death however according to the coroner hell put something on the death certificate and thats enough to keep hi from having to do his job unless we paid. How do i get an autopsy done. My mother is his only living relative and is being told she has no rights that its all up to his girlfriend who happens to be uncooperative. He was a criminal defense attorney and i have a strong feeling theres foul play and nobody seems to want to help...the girlfriend has made it clear she does not want an autopsy and that he is to be cremated asap. I dont know what to do!
Answers (2)Elizabeth Taylor Herd
This attorney is licensed in Florida and 1 other state.
Posted 5 months ago.
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I am not licensed in CA and can offer you general advice. You will have to call a local lawyer for specific information. However, in most states if there is a doctor who will designate a cause of death and sign the death certificate an autopsy is not otherwise mandated by law. (not sure of the specific law in CA). The only way for an autopsy to be performed is for the family to pay for it. Not sure why a girlfriend would have any rights unless there is a recognized common law marriage or other law that gives her rights. You may want to have your mother write to this provider(doctor)and raise her questions in writing.
If there are any criminal charge pending there may be a police report that is public record. Call a local lawyer for specific advice. Betsey Herd Tampa, Florida
Peter Robert Stone
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