Courtney Barbacane, with Burns White. Autopsy, Cremation and the Spoliation of Evidence in Wrongful Death Cases
But what happens when an autopsy is performed, in anticipation of litigation, and the body is subsequently cremated? Regardless of whether the autopsy is performed by a county coroner or an independent pathologist, I would argue that cremation of the body is tantamount to the intentional destruction of evidence in a wrongful death case.
March 28, 2023 at 11:58 AM
5 minute read
As defense attorneys, in medical malpractice cases, we are inevitably tasked with finding creative ways to challenge causation and mitigate damages.
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