| Q: What is an autopsy, and why would it help | | | | of having had surgery, an autopsy will |
| my case?A: An autopsy is an in-depth | | | | usually be performed to determine the precise |
| examination of a dead person, by a doctor. | | | | cause of death.For example, I had a case |
| The doctor who performs the examination is | | | | where a man on dialysis came home one day, |
| usually a pathologist who looks to find the | | | | and was found later by his family in his |
| precise cause of death. They do this by | | | | bathroom having bled to death. The walls were |
| looking at all of the internal organs, | | | | covered with blood and there were open |
| including the brain, heart, lungs, liver, | | | | bandages all over the floor. An autopsy was |
| kidneys, and spleen. Each area of the body is | | | | able to confirm that the man's shunt (the |
| examined for evidence that contributed or | | | | place where the dialysis needle was put into |
| caused that person's death.In a case | | | | his arm each session) had gotten infected and |
| involving claims of wrongful death (where a | | | | progressively larger with each session. |
| person or family has claimed that their loved | | | | Nobody recognized that he was starting to |
| one died because of somone else's | | | | bleed when he left the dialysis center. |
| carelessness) having an autopsy is crucial to | | | | Unfortunately, when he arrived home, the |
| proving your case. While an autopsy is vital | | | | shunt ruptured and since it was connected to |
| to support such a case, it can also shed | | | | an artery, blood shot out all over the |
| light on the possibility that your loved one | | | | bathroom, creating what looked like a murder |
| did not die as a result of wrongdoing.It's a | | | | scene. It was only through the autopsy that |
| double edged sword. The autopsy could help | | | | we were able to prove our case |
| your claim by showing that your loved one | | | | successfully.Autopsies are usually performed |
| died from wrongdoing, or it could show that | | | | by the County Medical Examiner. In the five |
| the treatment or actions that happened before | | | | boroughs of New York City, Brooklyn, Bronx, |
| death did not play a role in causing the | | | | Queens, Manhattan and Staten Island, |
| death.There are some religions that prohibit | | | | autopsies are performed by the New York City |
| autopsies, and in those cases, it becomes | | | | Medical Examiner's Office. In Nassau, it's |
| extremely difficult to prove, with a | | | | the Nassau County Medical Examiner, and in |
| reasonable degree of probability, that | | | | Suffolk, it's the Suffolk County Medical |
| wrongdoing (such as malpractice) caused their | | | | Examiner.Attorney Oginski has been in |
| death. In those cases, we must rely on other | | | | practice for over 16 years as a trial lawyer |
| evidence to support our claim.I am often | | | | practicing exclusively in the State of New |
| called upon by grieving families to ask | | | | York. Having his own law firm, he is able to |
| whether an autopsy should be performed on | | | | provide the utmost in personalized, |
| their loved one. As in life, there are no set | | | | individualized attention to each and every |
| answers to this crucial question. Emotions | | | | client. In our office, a client is not a file |
| run high following a family death; questions | | | | number. Client's are always treated with the |
| about improper treatment may cloud a family's | | | | respect they deserve and expect from a |
| judgment; uncertainty about the cause of | | | | professional. Mr. Oginski is always aware of |
| death may also add to a feeling of | | | | every aspect of a client's case from start to |
| helplessness.The most common case where an | | | | finish.Gerry represents injured people in |
| autopsy is performed is in a traumatic | | | | injury cases and medical malpractice matters |
| accident. In murder or homicide cases | | | | in Brooklyn, Queens, New York City, the |
| autopsies are always performed as the police | | | | Bronx, Staten Island, Nassau and Suffolk |
| want to know exactly what caused the person's | | | | Counties. You can reach him at or |
| death. They can usually use this information | | | | 516-487-8207. All inquiries are free and |
| to track the perpetrator.In New York, if a | | | | totally confidential. |
| person dies suspiciously, or within 24 hours | | | | |