When Is an Autopsy Required?
People usually have a lot of questions when a loved one dies, especially around the cause of death. Finding out the details of what happened to the person who passed away involves a medical examination by a coroner’s office and the issuance of a death certificate. But when does the need for additional information cause an autopsy to occur?
The answer isn't always a clear one. When a person dies, an autopsy can be ordered depending on the situation. Law enforcement agencies tend to request an autopsy when there are signs of foul play surrounding an unexpected death. But can family members request one of the deceased person on their own? Or can a funeral director or funeral home make the request?
The situations that require an autopsy can vary from state to state, and some are mandated by law. Typically, though, a medical examiner or county coroner can require an autopsy in the following situations.
Suspicion of Foul Play
Whenever it appears a person died from something other than natural causes, like a murder, an autopsy can be ordered. The foul play doesn't have to be obvious. For example, a medical examiner may suspect foul play only after they have conducted an external examination of the decedent's body.
If the circumstances surrounding the death are suspicious, law enforcement agencies will get a thorough forensic autopsy done — even if it's against a family's wishes — if foul play is suspected. The autopsy report will then become a part of the death investigation and ultimately part of a criminal prosecution if necessary.
Infectious or Contagious Disease
If it's suspected that a person died as a result of a disease, an autopsy can be ordered for public health purposes. The reason is that stopping the spread of diseases is important to the government. The postmortem examination will include gathering adequate medical history as well as a full forensic pathology report and laboratory tests to assist in determining the type of infection or disease. Going forward, healthcare professionals will know what medications or other treatments can be used to help prevent additional deaths.
Infant Death
Some states, such as California, allow doctors to request an autopsy when an infant dies. Sudden Infant Death Syndrome (also known as SIDS) could be a manner of death that could trigger this type of autopsy because the doctors and next of kin want answers as to what caused it to occur.
Inmate Death
Under federal law, CEOs of prisons may order an autopsy of an inmate if they died from murder, suicide, illness, accident or any unexplained death. But the autopsy must be done according to the laws of the state where the prison and the decedent are located.
Family Request
Families can always request an autopsy for their late loved one. A family may wish to have an autopsy done if they suspect murder, of course. But an autopsy may also help in cases of suspected medical malpractice or a drug defect case, among others.
If you or medical professionals have a question regarding the death of a loved one an autopsy may give you the answers you are looking for. If you have any questions on the process to request one don’t hesitate to reach out to a local attorney for assistance.
Related Resources:
- Pharmaceutical Drug Liability FAQ (FindLaw's Learn About the Law)
- 5 Legal Facts About Autopsies That You May Not Know (FindLaw’s Law and Daily Life)
- Wrongful Death Law (FindLaw's Learn About the Law)
