Is an autopsy necessary to prove medical malpractice in Virginia wrongful death cases?

A: In most circumstances, an autopsy is necessary in order to prove medical malpractice, negligence, or medical error in Virginia.  When trying to prove that a loved one's death was caused by a medical error or act of negligence in the absence of an autopsy, there is little medical evidence that can work for you when making a claim, and physician's attorneys may argue that your family member died of another cause or pre-existing condition.  Even in the case of healthy patients, medical records may be used against you in an effort to prove that a prior condition, incident, or injury could have caused your loved one's death.  Most importantly, a Virginia medical malpractice claim can only be successful when a direct cause-and-effect relationship is proven between a doctor or surgeon's negligence and your family member's death.  When an autopsy reveals that the number one reason the patient died was Virginia doctor error or Norfolk medical malpractice, a case should be a success in court.