Autopsy, often known as postmortem medical examination, assist families and authorities in determining how a person died. When a death is sudden, its cause is unknown, or the person died in suspicious circumstances, police agencies, medical personnel, or relatives may request one. It makes sense that when a loved one dies due to someone else's wrongdoing, the family members may file a wrongful death lawsuit. While it is typically not legally necessary, it might be helpful or crucial for demonstrating wrongful death.
Circumstances When Autopsies are Mandatory Under California Law
When someone dies in certain situations, California law mandates that the coroner's office be notified immediately to do an autopsy and determine the manner of death. As per California Government Code Section 27491, here are a few cases that necessitate an autopsy:
- When someone passes away violently
- Fatality in which no one else was present
- Accidental poisoning that is known or suspected,
- If a death takes place in a state psychiatric hospital,
- When it is suspected that the criminal act was the reason for the death
- When diseases or hazards are suspected to be the reason for the death
- When the debased person had a drug or alcohol addiction
- When sudden infant death syndrome was the reason for death
This is not a complete list. Coroners should also know when specific circumstances apply to death. It merely means that reporting is necessary for fatalities resulting from accidents, injuries, and other factors. Additionally, the county where your family member passed away may have distinct laws. Anyone with a "duty of care" of the body, including medical professionals, funeral directors, and others, must report these deaths to the coroner.
When is an Autopsy Mandatory in a California Wrongful Death Case?
When the defendant's insurance company questions liability, having an autopsy can be beneficial. But what should you do if the coroner has decided not to do an autopsy even though your family member's death didn't call for one? The deceased's family members can take the following actions if the county or city coroner decides against doing an autopsy:
- Send the coroner a written request for an autopsy, or
- Find a pathologist with experience in forensics who will perform a private
According to California Government Code Section 27520 (a) the following persons have the legal right to request an autopsy:
- The surviving spouse of the decedent;
- A living child or parent, or if there is no surviving spouse,
- If no surviving spouse, child, or parent is present, the next of kin can bring a claim
What Happens if a Family Member Rejects an Autopsy?
Even if an autopsy is necessary to establish liability in some cases, a wrongful death claim's family members may not desire one. An autopsy goes against the profound religious convictions of certain people. The lone exemption from mandatory autopsies, only permitted in California, is due to religious convictions. But before passing away, the deceased must have completed a Certificate of Religious Belief. The religious exemption certificate is not a strict requirement either. According to the law, the coroner may be able to request an autopsy from the court.
Can a Family Member Prove a Wrongful Death Case Without an Autopsy?
The plaintiff must consistently establish each of the following four factors in any wrongful death lawsuit based on negligence:
- The need to use reasonable caution;
- A breach of such obligation;
- Causation, and
- Damages
Contact Kaass Law Wrongful Death Attorneys Today!
The wrongful death attorneys at Kaass Law will assist you in winning your case and bringing the person responsible for the death of your loved one to justice. Call us today at (310) 943-1171. Visit this website to see our other services.