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Could we prove malpractice with no autopsy?

Farmingdale, NY |

My mother was admitted to Plainview hospital with a fever, because she had low blood pressure they kept her. They were debating on whether or not it was her appendix. They proceeded to remove it. After that her breathing was very fast, two days later she passes away. Doctors never knew why, they didnt even offer me an autopsy to find out. She had scirosis of the liver but that was fine. I found out through her death certificate she passed of septsis. I know they did something wrong. Dont know how to prove it. Im sick to my stomach my mom was only 61.

Susy Giordano email

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Attorney answers 3


Sorry to hear about your mother’s passing. Talk with a local medical malpractice attorney because her medical records may be enough to prove a violation of the standard of care.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


Sorry to hear about your mom.

Sounds like you may indeed have a case.

If interested, please contact me.

Steven North 212 861 5000


An autopsy would have been extremely helpful but not entirely necessary. It would be extremely interesting to obtain the pathology report on the appendectomy to determine if the surgery was appropriate and if the fever was caused by the inflamed appendix. If not there would be an arguable departure from good practice in having performed unnecessary surgery and potentially exacerbating an existing infection which was not otherwise investigated. I recommend you consult a local malpractice attorney.

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