Why are autopsies performed?

Q. Why are autopsies performed?  A. In Maryland, a death certificate must be completed by a doctor for all deaths before the body can be sent to the funeral home. When the person has a family doctor and dies from natural causes, the doctor can complete the death certificate and an autopsy may be unnecessary. However, if the person is not under the care of a physician or the death appears to be unusual or suspicious in nature or state law requires it, the Office of the Chief Medical Examiner must... More

What is an autopsy?

Q. What is an autopsy? A. An autopsy is a series of tests and examinations performed on the body and its internal organs to determine the presence of an injury and/or to identify any disease that may have caused or contributed to the death of a person where the cause is not apparent. Tests are performed to check for the presence of infectious diseases, alcohol or drugs.  Source: Andrew G. Slutkin and Jamison G. White specialize in medical malpractice and catastrophic injury law with Silverman,... More

Who decides if there will be an autopsy?

Q. Who decides if there will be an autopsy? A. This depends on who the person was and the circumstances surrounding the death. In Maryland, an individual dying as a result of a homicide, poisoning, suicide, criminal abortion, rape, therapeutic misadventure or drowning, or who died in a suspicious or unusual manner, or who died while apparently healthy, or who is dead on arrival at the hospital will be examined by the medical examiner in the Office of the Chief Medical Examiner in Baltimore. More  Read More →

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. More  Read More →

Who pays for autopsies?

Q. Who pays for autopsies?  A. If the autopsy is performed by the Office of the Chief Medical Examiner, there is no charge to the family. Families may be charged $30 for a copy of the autopsy report. If, however, the autopsy is requested by the family and is performed by a private physician at another facility, the family will likely have to pay for the autopsy. Source: Andrew G. Slutkin and Jamison G. White specialize in medical malpractice and catastrophic injury law with Silverman, Thompson,... More

Does the autopsy report become public record? Where are they kept?

Q. Does the autopsy report become public record? Where are they kept? A. The official medical examiner’s autopsy report is a public record and is generally subject to disclosure under the state code unless the case is subject to an ongoing investigation, or another appropriate reason for denial of disclosure exists. The individual files of the Chief Medical Examiner, however, are not public records but rather are private medical records protected from disclosure. The autopsy report is maintained... More

What would you change about the jury selection process?

Nothing. On the one hand, our jury system is terrible; on the other hand, our jury system is wonderful. The jury system is terrible because it delegates the most important decisions in the justice system to the people least knowledgeable of the justice system and the law. The jury system is wonderful because it demonstrates that, under our Constitution, so much power is delegated to the average citizen. Jury service is a duty and a privilege. Source: Professor Byron L. Warnken, University of Baltimore... More

What would lead you to strike a potential juror?

Most attorneys strike potential jurors who appear to resent that they have to be there. If you sense that someone is eager to be a juror, how might that affect your decision? It is not easy to tell whether a prospective juror is eager to serve. Even if an attorney can tell, that is not necessarily a good thing or a bad thing. What’s the oddest excuse you’ve heard from someone trying to avoid being selected? “I get claustrophobia in jury rooms.” Source: Professor Byron L. Warnken, University... More

Who are the ideal jurors? How are jurors selected?

Naturally, each attorney wants to select jurors who that attorney believes will be favorable to his or her client’s case. The judicial system, on the other hand, hopes to get jurors (1) who will bring no agenda with them and evaluate the case solely on the evidence presented; (2) who will follow the judge’s instructions carefully, and (3) who will deliberate with an open mind, listening to fellow jurors. More  Read More →

When do you want a jury trial in Maryland?

In Maryland, there are 12 jurors in criminal cases in the state court system. The defendant (but not the prosecution) has an absolute right to a jury trial in (1) all cases in the Circuit Court if the charge carries potential incarceration, and (2) any case in the District Court in which any charge carries potential incarceration of more than 90 days (the case is then transferred to the Circuit Court). In Maryland, there are six jurors in civil cases in the state court system. Both sides are entitled... More

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