When Is An Autopsy Required By Law?

When Is An Autopsy Required By Law
The National Association of Medical Examiners’ Forensic Autopsy Performance Standards indicate that a forensic autopsy will be performed when:

The death is known or suspected to have been caused by apparent criminal violence. The death is unexpected and unexplained in an infant or child. The death is associated with police action. The death is apparently non-natural and in custody of a local, state, or federal institution. The death is due to acute workplace injury. The death is caused by apparent electrocution. The death is by apparent intoxication by alcohol, drugs, or poison, unless a significant interval has passed (while hospitalized), and the medical findings and absence of trauma are well-documented. The death is caused by unwitnessed or suspected drowning. The body is unidentified and the autopsy may aid in identification. The body is skeletonized. The body is charred. The forensic pathologist deems a forensic autopsy is necessary to determine cause and/or manner of death, or document injuries/disease, or collect evidence. The deceased is involved in a motor vehicle incident and an autopsy is necessary to document injuries and/or determine the cause of death.

An autopsy is not generally necessary when the death is known to be the result of known medical conditions/diseases (ie, natural causes), adequate medical history exists, and there are no signs of foul play. In some cases, a detailed external examination may be sufficient to document injuries in cases with no pending legal issues associated.

Are autopsies required in Georgia?

When Is An Autopsy Required In Regards To Florida Wrongful Death?

Under Georgia law, autopsies are required in deaths occurring : 1. As a result of violence; 2. By suicide or casualty; 3.

Are autopsies required in Illinois?

Will an autopsy always be performed? – No. An autopsy is performed at the Medical Examiner’s discretion based on all of the information available at the time of examination. An autopsy may not be required when the death is known to be the result of natural causes, adequate medical history exists and there are no signs of foul play.

Autopsies are required when there is evidence or reasonable suspicion of foul play. In some accidental or self-inflicted traumatic deaths, the interval between the injury and the death is such that there has been adequate medical documentation of the fatal injuries and other contributing factors, and there are circumstances when an external examination, scene investigation and medical history allow adequate documentation of the cause and manner of death without an internal examination.

We are not required by law to autopsy all non-natural deaths. In some cases, an external examination may be used to confirm the cause and manner of death. When an autopsy is not desired by the family, we try and are usually able to accommodate their wishes.

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Is an autopsy required in North Carolina?

Required autopsies – An autopsy may be required by law in deaths that may have medical and legal issues. They include deaths that:

Are unexpected. This may include the sudden death of a healthy child or adult. Or it may be the death of a person who was not under the care of a doctor. Are a result of any injury. Examples include a fall, a car crash, a drug overdose, or poisoning. Are suspicious, such as a suicide or murder. Have happened under other conditions defined by law. May help health experts find and track a disease or possible public health hazard. (For example, they might look for signs of a contagious disease or one spread through food or water.)

Are autopsies required in Ohio?

Ohio Public Health Law Coroner/Medical Examiner Laws Is medical death investigation system centralized, county-based, or district-based? County-based. Ohio Rev. Code Ann. § 313.01. If centralized, in which department or agency is the system housed? Not applicable. Does the state system have a coroner, medical examiner, or coroners and medical examiners? Coroner. Ohio Rev. Code Ann. § 313.01. “In practice” notes Through local ordinance, Cuyahoga County (Cuyahoga County, Ohio Code art. V, § 5.03) and Summit County (Summit County, Ohio Code art. IV, § 4.03) have abolished the office of coroner and created the office of medical examiner. Is there a state medical examiner? No. If so, what is the state medical examiner’s role? Not applicable. In what department or agency is the state medical examiner’s office located? Not applicable. Are there deputies? The coroner may appoint, in writing, deputy coroners, who shall be licensed physicians of good standing in their profession, one of whom may be designated as the chief deputy coroner. The coroner also may appoint pathologists as deputy coroners, who may perform autopsies, make pathological and chemical examinations, and perform other duties as directed by the coroner or recommended by the prosecuting attorney,, The coroner may contract for the services of deputy coroners to aid the coroner in the execution of the coroner’s powers and duties. Ohio Rev. Code Ann. § 313.05. If so, what are the deputies’ roles? eputy coroners,, may perform autopsies, make pathological and chemical examinations, and perform other duties as directed by the coroner or recommended by the prosecuting attorney. Ohio Rev. Code Ann. § 313.05. What are the qualifications for deputies? eputy coroners,, shall be licensed physicians of good standing in their profession. The coroner also may appoint pathologists as deputy coroners,, Ohio Rev. Code Ann. § 313.05. Is the coroner or medical examiner position elected? Yes. Ohio Rev. Code Ann. § 313.01. If so, how many years is the term of office? Four. Ohio Rev. Code Ann. § 313.01. What are the qualifications specified by law? (A) No person shall be eligible to the office of coroner except a physician who has been licensed to practice as a physician in this state for a period of at least two years immediately preceding election or appointment as a coroner, and who is in good standing in the person’s profession,, (B)(1) Beginning in calendar year 2000 and in each fourth year thereafter, each newly elected coroner, after the general election but prior to commencing the term of office to which elected, shall attend and successfully complete sixteen hours of continuing education at programs sponsored by the Ohio state coroners association,, Hours of continuing education completed under the requirement described in division (B)(1) of this section shall not be counted toward fulfilling the continuing education requirement described in division (B)(2) of this section. As used in division (B)(1) of this section, “newly elected coroner” means a person who did not hold the office of coroner on the date the person was elected coroner. (2) Except as otherwise provided in division (B)(2) of this section, beginning in calendar year 2001, each coroner, during the coroner’s four-year term, shall attend and successfully complete thirty-two hours of continuing education at programs sponsored by the Ohio state coroners association. Except as otherwise provided in division (B)(2) of this section, each coroner shall attend and successfully complete twenty-four of these thirty-two hours at statewide meetings, and eight of these thirty-two hours at regional meetings, sponsored by the association. The association may approve attendance at continuing education programs it does not sponsor but, if attendance is approved, successful completion of hours at these programs shall be counted toward fulfilling only the twenty-four-hour requirement described in division (B)(2) of this section. (3) Upon successful completion of a continuing education program required by division (B)(1) or (2) of this section, the person who successfully completes the program shall receive from the association or the sponsoring organization a certificate indicating that the person successfully completed the program. Ohio Rev. Code Ann. § 313.02. What types of deaths are required to be investigated? When any person dies as a result of criminal or other violent means, by casualty, by suicide, or in any suspicious or unusual manner, when any person, including a child under two years of age, dies suddenly when in apparent good health, or when any mentally retarded person or developmentally disabled person dies regardless of the circumstances, the physician called in attendance, or any member of an ambulance service, emergency squad, or law enforcement agency who obtains knowledge thereof arising from the person’s duties, shall immediately notify the office of the coroner of the known facts concerning the time, place, manner, and circumstances of the death, and any other information that is required pursuant to sections 313.01 to 313.22 of the Revised Code. Ohio Rev. Code Ann. § 313.12. What types of deaths are required to be autopsied? (B) If a child under two years of age dies suddenly when in apparent good health, the death shall be reported immediately to the coroner of the county in which the death occurred,, the coroner or deputy coroner shall perform an autopsy on the child,, Ohio Rev. Code Ann. § 313.121. The coroner, deputy coroner, or pathologist shall perform an autopsy if, in the opinion of the coroner, or, in his absence, in the opinion of the deputy coroner, an autopsy is necessary, except for certain circumstances provided for in this section where a relative or friend of the deceased person informs the coroner that an autopsy is contrary to the deceased person’s religious beliefs, or the coroner otherwise has reason to believe that an autopsy is contrary to the deceased person’s religious beliefs,, an autopsy is contrary to the deceased person’s religious beliefs, the coroner concludes the autopsy is a compelling public necessity,, An autopsy is a compelling public necessity if it is necessary to the conduct of an investigation by law enforcement officials of a homicide or suspected homicide, or any other criminal investigation, or is necessary to establish the cause of the deceased person’s death for the purpose of protecting against an immediate and substantial threat to the public health,, Ohio Rev. Code Ann. § 313.131. Does the state require that pathologists perform the autopsies? No. Disclaimer: Information available on this website that was not developed by the Centers for Disease Control and Prevention (CDC) does not necessarily represent any CDC policy, position, or endorsement of that information or of its sources. The information contained on this website is not legal advice; if you have questions about a specific law or its application you should consult your legal counsel. : Ohio