Legal Considerations

Properties and Requirements of Autopsy

Autopsies are usually performed by a pathologist who is specifically trained in post-mortem examinations. They are usually performed to determine the cause of death, though this is not always possible. They are also performed for various reasons such as:

  • To verify or exclude a disease diagnosis made prior to death. This can help families to decide if further testing or treatment is indicated for them in the case of genetic diseases.

  • To help practitioners understand the progression of a particular disease or the effectiveness of a treatment.

  • To document the presence of an undiagnosed disease.

  • To collect evidence for criminal cases or to help government agencies such as the CDC track public health hazards and epidemics.

Family consent is required before an autopsy is performed in cases where autopsy is not required legally. Medicolegal deaths, or deaths that require an official examination by a coroner or medical examiner, legally require autopsy. Medicolegal autopsy requirements vary by state, but generally an autopsy is legally required in the following circumstances:

  • Death by homicide, suicide or accidents

  • Death amidst unusual circumstances when foul play is suspected

  • Deaths in the workplace

  • Death by a disease or agent that is a threat to public safety

  • Death of a person in custody or incarceration

  • Death of a person who is institutionalized (such as in a mental health facility)

  • Hospital deaths where the person was unconscious when admitted or who died within 24 hours of admission

  • Deaths of adults after medical procedures or anesthesia

  • Deaths resulting from injuries sustained a significant time before death such as post-operative complications with blood clots

  • All obstetric deaths

  • Deaths in which the cause is not known with any degree of certainty

  • All newborn and child deaths (This includes typical causes of child death and less common such as SIDS deaths, deaths from anesthesia or medical procedures and parental drug abuse)

  • Deaths of people who received an organ transplant within 60 days prior to death

Families sometimes choose not to have an autopsy on their loved one due to ethical and religious objections. Families often state that they fear their loved one being disfigured by the autopsy, that their loved one has "suffered enough" or that it will delay or interfere with funeral arrangements. In the case of religious objections, most major religions allow at least limited autopsy when needed. Autopsy is accepted in most circumstances in the majority of the branches of Christianity, Buddhism, Church of Jesus Christ of Latter Day Saints, Jehovah's Witness, Shinto, Taoism and Confucianism. Autopsy is accepted in limited circumstances in Judaism, Islam, Hinduism and Sikhism.

In clinical or medical autopsies, or those not required by law, the family's permission must be acquired or no autopsy can be performed. In medicolegal, or required autopsies, the family's consent is not needed. These types of autopsies may also be called "Forensic Autopsies". In the case of significant protest to the autopsy by the family due to religious or ethical objections, decisions are made by a judge on a case by case basis.

Georgia Virtual, Autopsy and the Role of the Medical Examiner, CC BY-NC-SA 3.0