ASK THE DIRECTOR - THURSDAY, FEBRUARY 21, 2013
Dear “Ask the Director”,
Who decides if an autopsy has to be done on a person after their death?
What's that decision based on? If the family is totally against having
their loved one autopsied? Does a family have a choice in this matter?
Thanks for taking my questions.
John V.
Stamford, CT
Dear John,
You're very welcome, and thank you for the excellent questions.
It is the Office of the Medical Examiner's (OCME) that ultimately makes
that decision. Autopsies are performed on all homicide victims and
gunshot victims. They are also performed on the vast majority of
pedestrian deaths, Sudden Infant Death Syndrome cases, overdoses,
industrial accidents, sudden and otherwise unexplained deaths under the
age of 45 and a variety of other types of cases may be subject to
autopsy examination.
The OCME conducts autopsy examinations for a variety of reasons. The
primary concern is to determine cause and manner of death. Did the death
result from disease, an injury, a combination of both, or another cause
altogether? When a death results from chemical agents, an autopsy
permits the OCME to obtain biological samples for testing in the
laboratory, and to evaluate the effects of the chemical agents on vital
organs. When a death results from physical injuries, the autopsy
frequently provides a means to reconstruct the fatal incident. If the
OCME requires an autopsy, they are doing so in the best interests of the
public, and of the family, by answering a multitude of pressing and
important questions.
If the family or next of kin objects to having an autopsy performed, the
OCME does have the authority and state law behind them. However, the
OCME would make an effort to hear and honor family objections. If it's
determined by the OCME that they cannot fulfill their legal and public
responsibility without performing an autopsy, and the family raises
viable religious objections to an autopsy (i.e. Judaism, Islam,
Christian Science, Jehovah's Witness, or 7th Day Adventist), the family
can hire an attorney to present their objection to a Judge who
ultimately determines whether an autopsy will be performed. Ultimately,
objections to an autopsy that are not based on religious beliefs have no
standing in law.
Best Regards,
Jerry
Gerald R. Bosak, Jr.
