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 either and may only be discovered after the decedent’s body has been examined by a medical examiner who conducts an external examination. Law enforcement agencies can have a thorough forensic autopsy done against a family's wishes if foul play is suspected. The medical examiner may order toxicology tests or other laboratory tests to determine the cause of death. 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, a medical examiner’s office can order an autopsy for public health purposes. The reason is because 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. Then going forward health care professionals will know what medications or other treatments can be used to help prevent additional deaths.
Infant Death
Some states allow doctors to order an autopsy when an infant dies. Next of kin would want answers as to the manner of death. In California, if an infant dies of Sudden Infant Death Syndrome (also known as SIDS), the coroner must ensure an autopsy is performed within 24 hours of notification of the death.
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
And of course, families can always request an autopsy for their late loved one.
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 estate planning attorney for assistance.
How Is An Autopsy Performed?
Typically, a forensic pathologist performs the autopsy by conducting an external exam looking for injuries, examining internal organs, and ordering toxicology or other lab tests. Once the testing is complete and the medical examiner can certify the cause of death and sign the death certificate, the body and the decedent’s personal effects can be released to a funeral home or mortuary as instructed by next of kin.
An autopsy is required in certain types of death such as a sudden or suspicious death or where there are dangers of infectious disease. However, an autopsy may also help loved ones get closure or understand genetic conditions.
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)
