Autopsy Waived For A Washington Man

By DrS

You may remember reading about a man who was fighting against an autopsy when he dies of mesothelioma cancer. His lawsuit is still in the courts, but the legal battle was against the needed autopsy to confirm that he did indeed die from mesothelioma cancer caused by his exposure to asbestos.

James Ross won his battle when the courts in King County waived the autopsy requirement. Ross believes that having a doctor diagnose him with mesothelioma cancer should be enough proof in the eyes of the law. Ross also believes that putting his wife through the extra stress of an autopsy is unnecessary.

Ross’s mesothelioma lawyers tell about a law that was first written some twenty years ago when it was harder to diagnose and confirm that a person died of mesothelioma cancer stemming from asbestos exposure. Today, tests that are more accurate are used and there should be no reason for the autopsy if the doctor confirms the patient does indeed have this form of cancer.

The judge’s order to waive the autopsy for now does not mean that a court cannot order it later on. If the litigation depends on an autopsy, it could indeed be ordered at that time. The ruling is only for now and not for later.