Q: This is a difficult and troubling situation. My husband died several months ago and some members of the family encouraged me to have him cremated, but I chose to have him buried. The death certificate attributes his death to heart disease, but as I have talked things out with a number of people, we have growing concern that his death was not natural. Can I require an autopsy now?
S.B., Los Angeles
A: California Government Code Section 27520(a) sets forth who has the legal right to require an autopsy. A written request can be made by the spouse of the decedent. If there is not a surviving spouse, then a surviving child or parent, or the next of kin if there is not a surviving spouse, child or parent.
There will also probably be another aspect of your seeking an autopsy. Since your husband is buried, exhumation is going to be needed. Research indicates a deceased may be exhumed for a number of reasons, including family choice, a police investigation or for DNA testing.
Bottom line, I encourage you to consult with knowledgeable counsel as you go forward. You may, for example, have to apply for an exhumation license. Consent from the burial ground and next of kin also seems to be required; further, if the exhumation is at a public cemetery, and of such nature that other remains may be disturbed, the permission of the surviving relatives of the other persons is going to be needed.
Q: Are there circumstances where California actually requires an autopsy? If so, who has the duty to report it?
F.W., Torrance
A: California law requires immediate notification to the coroner’s office to conduct an autopsy, and to confirm the manner of death, when an individual dies under certain circumstances. This is pursuant to California Government Code Section 27491. The following is not exhaustive, but provides a sampling of the kinds of situations that come into focus: Someone had a violent death; the death occurred as a result of, or related to, occupational disease or hazard; the manner of death involved a criminal act; the death is suspected to be sudden infant death syndrome; and, the death was caused by known or suspected poisoning. You can find California Code Section 27491 online to read more.
The duty to report these kinds of deaths to the coroner is for medical personnel, funeral directors and any person who has “charge” of the body.
Ron Sokol has been a practicing attorney for over 35 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
Source: Orange County Register
Be First to Comment