Should Your Family Request an Autopsy? What It Can Answer and How to Ask

Published May 17, 2016 · For Grieving Families

In the first hours after a sudden death, families are asked to make decisions no one is ready for. One of the first questions may come from a hospital, a funeral director, or the coroner's office: will there be an autopsy?

Many people instinctively say no. The idea of an autopsy can feel like one more intrusion on someone who has already suffered. That feeling deserves respect. But it is also true that an autopsy is often the only chance to answer questions your family may badly need answered later, and it is a chance that disappears once burial or cremation takes place. This post explains how autopsies work in Ohio and how to ask for one if you want it.

What an autopsy can answer

An autopsy is a medical examination of the body after death, performed by a physician, usually a pathologist. It can answer questions that no one else can:

• What actually caused the death. A death certificate often lists a cause based on limited information. An autopsy can confirm it, correct it, or reveal something no one suspected.
• Whether medical care played a role. When someone dies in a hospital, after surgery, or after being sent home from an emergency room, the autopsy may show a missed diagnosis, a complication, or a medication problem. Questions like these are at the center of medical malpractice wrongful death cases.
• Whether neglect contributed. For a loved one who died in a nursing home or assisted living facility, findings such as infected pressure sores, dehydration, or injuries from falls can matter. See our page on nursing home deaths.
• What happened in a crash. In a fatal car crash, injuries and toxicology results can help show how the collision happened and rule out claims that a medical event caused it.
• Whether your loved one suffered. This is painful to think about. But in Ohio, a claim for the injuries your loved one suffered before death survives under R.C. 2305.21 and is separate from the family's own wrongful death claim, and medical findings can bear on it.

An autopsy can also reveal inherited conditions that living relatives should know about. Sometimes it confirms that nothing could have been done, and that answer matters too.

When the coroner decides

When a death is sudden, violent, or unexplained, the county coroner is often involved. The coroner's office takes charge of the body and decides whether an autopsy is needed. Under R.C. 313.131(B), the coroner, deputy coroner, or pathologist performs an autopsy when, in the coroner's opinion, one is necessary.

If the death involved a driver killed in a motor vehicle crash, R.C. 313.13(B) separately requires a blood test for alcohol and drugs. The statute is clear that this test is not itself an autopsy.

Families with religious objections have specific rights. Under R.C. 313.131, if a relative or friend tells the coroner that an autopsy is contrary to the person's religious beliefs, the coroner must follow special procedures. In many cases there is a waiting period and an opportunity to go to court, although the law allows an autopsy to go forward when there is a compelling public need, such as a homicide investigation.

When the coroner does not perform one, a family can ask

Many deaths, including many that occur in hospitals and nursing homes, are not autopsied by the coroner. In those cases, a family can still request one.

Under R.C. 2108.50, an autopsy may be performed by a licensed physician if consent is given by the person who has the legal right to decide what happens to the body. Ohio law sets out who holds that right, and under R.C. 2108.70 an adult can also name someone in advance in a written declaration. If you are not sure who holds the right in your family, ask the funeral director or a lawyer. In practical terms, you can:

1. Ask the hospital whether it performs autopsies and on what terms. Some hospitals offer them, especially when the death occurred there.
2. Ask the coroner's office whether it has taken jurisdiction and whether it plans an autopsy. If it declines, ask what it will document.
3. Arrange a private autopsy through an independent pathologist. Families sometimes choose this when they want an examination by someone with no connection to the hospital or facility involved. There is a cost, and you should ask about it up front.
4. Tell the funeral home right away that an autopsy is being considered, so that embalming or cremation does not happen first. Timing matters a great deal.

A lawyer can help arrange a private examination quickly if your family is considering a claim. That is one of the reasons we encourage families to call early, even before the funeral.

Getting the coroner's records

If the coroner did perform an autopsy, your family has a right to the records. Under R.C. 313.10(C), the coroner must provide a copy of the full and complete coroner's records to a next of kin who asks in writing. The statute sets an order: the surviving spouse first, then any child over 18, then the parents, then brothers and sisters. If no next of kin is living, the representative of the estate may request the records.

Some coroner records are not open to the general public, such as photographs and preliminary notes, but the next of kin's right to the full and complete records is broader. Ask for them in writing and keep a copy of your request.

A decision only your family can make

There is no single right answer. Some families decide against an autopsy for religious, cultural, or deeply personal reasons, and that choice deserves respect. If your family is unsure, ask the funeral director how an autopsy may affect the timing of services and any viewing. Those practical answers can make the decision easier.

What we hope families understand is that the decision has consequences that may not be visible for months. If questions arise later about a hospital's care, a nursing home's neglect, or a crash, the autopsy may be the strongest evidence there is. Without it, the answer may be lost for good.

How this fits with a wrongful death claim

Ohio's wrongful death statute, R.C. 2125.02, generally requires a claim to be filed within two years after the death. That sounds like a long time, but the evidence that matters most, including an autopsy, is often available only in the first days. You can read more about how Ohio wrongful death law works. If your loved one died in a case that also involves a criminal investigation, our post on the DuBose family's settlement discusses how a civil claim fits alongside a criminal case.