Can you request to not have an autopsy done on a loved one?

Question

Someone told my husband that his colleagues wife requested that they do not do an autopsy on her husband when he died, is that legally possible?

Answer 1

Yes, you can make that request, but it's up to the pertinent authorities to decide whether your request is granted or not. This decision will depend greatly on the circumstances surrounding the demise. If the deceased had a history of a terminal or life-threatening disease, and there's no evidence suggesting that foul-play or medical malpractice was involved, then an autopsy will not be necessary. If the person died under suspicious circumstances [suspected homicide, suicide or drug overdose], the person was alone or unattended at the moment of death, any kind of violence such as child abuse, domestic violence or signs of other criminal activity is involved or suspected, or the cause of death cannot be established by an external examination of the body, then an autopsy is in order. It is also mandatory if a person dies in a hospital less than 48 hours after being admitted for treatment.

Answer 2

If a person dies without the presence of a doctor who can certify that the deceased died of natural causes, then an autopsy is performed. Requests to not have an autopsy done are sometime honored, though it mostly depends on the circumstances of the death.

Answer 3

It's absolutely possible but it depends on the circumstances surrounding the individual's death.

Here in NY, the dissection of the body of a human being, otherwise than by authority of law or by the written permission by the deceased, is prohibited by statute (Pub. Health Law 4210-a). In order to perform an autopsy on a body where the cause of death is determined not to be by the criminal agency of another or by suicide, a health care official must obtain the consent of the surviving spouse or next of kin within 48 hours.

However, the state can step in and override the family's wishes if there is a "compelling public necessity" to perform the autopsy (such as suspicion of criminal activity or foul play connected with the death) . Also, if a man or woman who is in otherwise good health dies suddenly, a medical examiner can order an autopsy to determine the exact cause of death.

Answer 4

Yes that is very possible. Unless something has taken place that there would be reason to question a death there is no autopsy unless the family requests it. I am quite sure there is never an autopsy done unless for some reason the family wants answer's to the death or there is suspicion of foul play.

Answer 5

If the loved one passed on under a doctor's care and in a medical facility then yes you can request no autopsy, but if no doctor was present - say, in a hospital or nursing home - then an autopsy must be done to determine cause of death. If you can prove that it's against your religion, you can request no autopsy be done then as well.

Answer 6

Yes. I believe it is only in cases where there is suspected foul play that an autopsy is absolutely required in most states. If the person died from natural causes I don't think an autopsy is required.

Answer 7

If the person is an adult and has died of natural causes, the guardian of that body can request that a autopsy not be performed. If it is a minor or the cause of death is not known, usually an autopsy is done.

Answer 8

If you request an autopsy without the coroner seeing a need for it and subsequently ordering it himself, you will have to pay for it and it can be costly. If the coroner orders an autopsy, no one can overrrule his decision, regardless of religious issues. He has absolute power and jurisdiction is deciding whether or not to autopsy, and again, no one can overrule his decision. Hope this helps, take care!

Answer 9

Yes, you can request it,but it's really up to just how that person died....and /or that states law regarding autopsy. Most of the time if no crime is suspected..The PA/ME..will give it a pass.Just hope that the person in question dies a nice peaceful death..under a Dr's care..who's it willing to sign the DC.

Answer 10

Most states have laws that mandate an autopsy for any unattended death.