Generally speaking, authorities can order autopsies without consent from the person’s next of kin if the cause of death is unknown and authorities suspect any type of foul play. That could include homicide, suicide, accidental deaths, and unexpected or unexplained deaths. When authorities order an autopsy to gather information and determine the cause and manner of death, it is called a forensic autopsy. Governmental authorities may also order an autopsy if they suspect a person’s death may present a public health hazard. For example, the deceased may have died from a deadly infectious disease or due to toxic exposure. When the authorities order autopsies, a medical examiner conducts and evaluates the autopsy in the medical examiner’s or coroner’s office. In most cases, the Georgia Bureau of Investigation medical examiner’s office completes an autopsy the day or the day after the deceased’s body arrives. After an autopsy is complete, the medical examiner typically determines the cause and manner of death right away and issues their final Autopsy Report within roughly four weeks. If the autopsy is complex or additional testing is required, the medical examiner may require six to 10 weeks before issuing a report.
An autopsy is not required for all deaths. Autopsies are generally not necessary when a person dies due to a known medical condition or disease, adequate medical documentation exists to support the assumption of death by natural causes, and there are no indications of foul play.
According to the GBI, Georgia law stipulates that an autopsy must be performed when:
If Georgia law does not automatically require an autopsy, a medical examiner may still decide an autopsy is necessary based on the information they receive about a patient’s manner of death. Georgia law does not require medical examiners to ask permission from surviving family members before performing an autopsy. State medical examiners are also the only ones who can “order” autopsies. However, surviving next of kin can request examinations by contacting the GBI Division of Forensic Sciences. In some cases, a complete autopsy may be mandatory. A full autopsy involves a thorough examination of the body’s exterior and an internal assessment of the body’s major organs. However, if someone dies of natural causes, their medical history demonstrates the likely cause of death, and no foul play is detected, the medical examiner may choose to perform an external or limited autopsy. When medical examiners conduct autopsies, they release reports of their findings afterward. Autopsy reports include the examiner’s opinion regarding the cause and manner of the individual’s death. The five possible manners of death are:
In this case, “homicide” does not necessarily mean a person died by murder or manslaughter. “Homicide” simply means a person’s death was the result of another person’s direct or indirect actions.
If you suspect you may have grounds for a wrongful death claim in Georgia, you can begin taking action by:
If you believe your loved one may have died a wrongful death, the attorneys at Butler Kahn want to help. We are equipped to handle the complex and time-consuming aspects of your case while you focus on grieving and supporting your loved ones. Many families find solace in contacting an attorney to seek justice on behalf of the deceased. When your family is ready to explore the legal options available, contact us for a free and confidential consultation.