Can a Person Choose Their Medical Examiner for an Autopsy Prior to Death?

Managing the legal and medical aspects of an unexpected passing can be a daunting and complex process. One of the key points of contention is the choice of the medical examiner or coroner to conduct an autopsy. This article explores whether individuals can opt for their preferred medical examiner, particularly in situations where such an examination is mandated by law.

Laws and Jurisdictions

The ability for a person to choose their medical examiner is heavily dependent on the jurisdiction in which the death occurred. In most places, if the death falls under the purview of the Medical Examiner (ME) or Coroner, then the individual does not have the right to select the examiner. This is true regardless of whether the death occurred in a hospital, prison, or other settings.

In my experience working with multiple medical examiner offices, it is generally the on-call ME from the previous night who gets the most complex cases. For instance, in one state, I recall that the on-call ME handled trauma cases, overdoses, and in-custody deaths, while other pathologists were assigned specific types of cases such as suicides, homicides, and unattended deaths.

Types of Deaths Under Jurisdiction

Overdoses and Homicides

Mortality investigations for drug overdoses and homicides are often among the most meticulous and comprehensive. These cases are usually divided among the medical examiner's team, with each pathologist taking on specific types of cases based on availability and expertise. For example, when I was involved, an on-call ME might handle a critical case of drug overdose, while other specialists might assume responsibility for self-inflicted gunshots or vehicle accidents.

States have varying legal requirements as to which deaths necessitate a medical examiner's involvement. These include trauma injuries, overdoses, in-custody deaths (in jails, prisons, and mental hospitals), and sudden deaths in seemingly healthy individuals. A medical examiner might also be called upon for cases involving unusual causes of death, such as heart attacks during violent incidents, and identification issues such as missing persons.

Private Autopsies and Autopsy Choice

In certain scenarios, if the death is not covered by the medical examiner, individuals have the option to opt for a private autopsy. This service is available to anyone willing to bear the financial burden, with a typical cost of around $6,000. This fee includes private pathologists who are often former medical examiners or specialists who continue to practice outside the official channel.

To find and contact these private pathologists, one can call a dedicated helpline: 1-800-AUTOPSY. It's important to note that there is no formal affiliation between the service provided and the call center, as I have no personal connection to them, nor have I spoken to anyone who has used these services. The procedures and availability of these private pathologists can vary significantly.

Second Autopsies and Legal Considerations

Even if a death has been examined by a medical examiner, the deceased's family can choose to have a second private autopsy. This is often done if they have concerns about the official findings or feel that further examination is necessary. This second opinion can be financially costly but is crucial for families seeking transparency and closure.

The policies surrounding hospital autopsies and the ability to choose an examiner can also vary. In some cases, hospital autopsies may be arranged by the hospital's legal or medical department, and families might not have the option to pick their pathologist. It's always advisable to consult with legal and medical experts in your area to understand the specific procedures and rights available to you.

Conclusion

The choice of a medical examiner for an autopsy is largely determined by the jurisdiction and the circumstances surrounding the death. While certain deaths require the involvement of the medical examiner, individuals can opt for private autopsies in other cases if they are willing to pay. Understanding these nuances is essential for ensuring proper handling and closure during a tragic event.