Q: "After my Mother's death, talking to the rest of the family, we think there may have been some abuse
related to her death in the nursing home. The issue is she was cremated. Is there anything we can do here?
A: It sounds like you are asking if the lack of an autopsy in Maryland eliminates a potential claim for nursing home negligence in a survival action (for your mother's pain and diminished quality of life due to the alleged abuse) and/or wrongful death action that you could potentially bring if your mother died earlier than she would have if no abuse had occurred. The answer is that an autopsy can sometimes add significant facts to support a nursing home negligence case, but it is not required in all cases. The benefit of an autopsy is dependent on the facts of the case, and there are many times when medical records and other facts are sufficient to prove that the medical and/or nursing care was substandard, and that the bad care caused injury and maybe even death to someone like your mother.
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