Page 22 - WAD Beyond Global September 2018

FEATURE

Autopsy Options in

Civil and Criminal

Litigation

By Dean Beers
Associates in Forensic Investigations LLC,

We are often contacted for advice on having an autopsy An autopsy, to see with our own eyes, is available in the following
performed, finding a forensic pathologist, or having our manners:
agency and/or forensic pathologist conduct a review of
records, reports and photographs in a criminal or civil • Private autopsy – if an autopsy has not been completed or the
case for pre- and active litigation. Many find it interesting case is not in the jurisdiction of the medical examiner / coroner;
the options available to them – or not available. The first
question to ask is – is the body available for autopsy; and • Second full autopsy – if an autopsy, forensic or medical only, has
the second is – was an autopsy performed? The only thing been completed and an independent full forensic autopsy is needed.
that prevents an autopsy is cremation. An autopsy can This includes exhumations;
be performed on an embalmed body, including exhumed
weeks to years - even decades - later. Embalming does • Forensic Pathology Review – if an autopsy has been completed,
present issues; however, these are addressed by the however, the body is not available for a second autopsy (cremated,
forensic pathologist. not exhumed, logistically not available); and

What are the available options for an autopsy? First, • Forensic Body Documentation – whether previously autopsied
autopsy is from the Greek, ‘autopsia’ – “to see with one’s or not, and the body is available, the body can be documented by
own eyes”. We recommend having a board certified photographs, video, diagramming, and any additional evidence
forensic pathologist conduct any autopsy in potential collection.
litigation. Other specialties involve the hospital and
medical setting – which involves clinical and anatomical • There exists standards and protocols for when to conduct forensic
pathology. A forensic pathologist, often cross trained and autopsies, the process of both the forensic autopsy and the death
certified in both clinical and anatomical pathology, has the investigation, as well as accepted usual practices for each. As part
added education and training in areas of injury and injury of our consultation in death cases, we review the processes of the
causation to determine the cause and manner of death; official investigation.
such as our consulting forensic pathologist. In addition,
we recommend a member of the National Association
of Medical Examiners (www.theNAME.org). Areas of Private Autopsy
additional medical education and specialized training for
the forensic pathologist includes toxicology, firearms and If an autopsy has not been completed or the case is not in the
ballistics, blood analysis, and trace evidence, including jurisdiction of the medical examiner / coroner, the next-of-kin can
DNA, collection. request a private autopsy. As most deaths are not subject to autopsy,
the family may have questions to be answered by autopsy. It is
The forensic autopsy includes a review of the medical recommended that any unexpected death be autopsied; however,
history, crime scene evidence, evidence of injury or from budgets to forensic pathologist availability, most are not.
disease, and medical and trace evidence. A forensic As an example, we often see fatal motor vehicle collisions or law
pathologist is available to all parties – prosecution, enforcement determined suicides not autopsied, as it is believed the
plaintiff, and defense. In addition, a forensic pathologist cause and manner of death are known by investigation. We have
is available for clinical consultation – examination of living written extensively on the errors of these ways.
persons – very important and valuable to surviving victims
of serious bodily injury. The primary distinction between A private autopsy is authorized and paid for by the next-of-kin,
a fatal and non-fatal event can be fractions of an inch. We and conducted by an independent forensic pathologist. Consulting
treat all SBI cases the same as death cases. Finally, we also with a forensic pathologist in advance will assist in determining if a
recommend an expert medicolegal death investigator be forensic autopsy is possible and potentially informative, or if another
present to document any autopsy requested. available option is better.
20 W.A.D Beyond Global