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