Can the family or anyone else request or prevent an autopsy?

Q. Can the family or anyone else request or prevent an autopsy?

A. Before an autopsy can be performed in the instance of a death during a hospital stay, the next of kin must grant permission. However, when state law requires a medical examiner to perform an autopsy, family permission is not required.

A family may object because of religious beliefs. In this event, the Chief Medical Examiner must review the matter and determine, usually after speaking with the next of kin, whether it is absolutely necessary to perform an autopsy over a family’s objections. If the Chief Medical Examiner determines an autopsy is required, the family may ask the court to grant an injunction to prevent the procedure until a hearing can be scheduled.

Source: Andrew G. Slutkin and Jamison G. White specialize in medical malpractice and catastrophic injury law with Silverman, Thompson, Slutkin & White in Baltimore. They can be reached at www.mdattorney.com.

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