[maligreg00]

Can Funeral Homes in NY request autopsies on a dead person? I was told that and I am verifying. I thought only Coroner's or Medical Examiners could do it. Thanks

[progunr]

Here is what I was able to locate, hope it helps.

Who requests an autopsy?

In some cases, the law may mandate that an autopsy be performed. In all other cases, permission is required. Permission to perform the autopsy can be requested either by the patients physician or by the family. In some cases, the patient may have indicated their wish for an autopsy in discussions with the family or by signing a personal directive for autopsy. The autopsy cannot be performed without consent of the legally designated responsible party, usually the next of kin. When giving consent, the family may make any restrictions, limitations, or special requests.

[smearcase]

I have no training at all in this science. But I can visualize circumstances where a funeral home could cause an autopsy to come about.

Say they receive a body to prepare for a funeral. Further assume it is an older person whose death was no surprise to anyone. While preparing the body they notice a large wound on the back that resembles a knife wound. I further assume they would call the police and the police would take action maybe through the state's attorney and the autopsy would be ordered.

But the family might say that the funeral home ordered the autopsy and they did start the ball rolling for the autopsy. It would have gone unnoticed except for the morticians.

I would think that occurs frequently.

[JudyKayTee]

Can Funeral Homes in NY request autopsies on a dead person? I was told that and I am verifying. I thought only Coroner's or Medical Examiners could do it. Thanks

My understanding is, no, they cannot - they CAN find "something" suspicious and notify the authorities who then request an autopsy but the funeral home does not have that sort of authority.

Otherwise autopsies in NYS can be REQUIRED by the Coroner/Medical Examiner or REQUESTED by the next of kin - someone else cannot demand/request an autopsy, although a third party (the widow refuses to consent but the children want an autopsy) can attempt to obtain a Court Order for an autopsy.

In theory the funeral home could apply for a Court Order but they would have no legal standing - or, probably, interest.

[froggy7]

Just to further muddy the waters, funeral homes are required to remove pacemakers from bodies that are going to be cremated. Pacemakers can explode in the ovens if left in, and that would be bad. But I don't know if that would count as an "autopsy" or not.

[JudyKayTee]

Just to further muddy the waters, funeral homes are required to remove pacemakers from bodies that are going to be cremated. Pacemakers can explode in the ovens if left in, and that would be bad. But I don't know if that would count as an "autopsy" or not.

Just been there and, no, removing a "device" is not an autopsy. If your religion forbids autopsy you can have a "device" removed and not be concerned.

[JudyKayTee]

Here is what I was able to locate, hope it helps.

Who requests an autopsy?

In some cases, the law may mandate that an autopsy be performed. In all other cases, permission is required. Permission to perform the autopsy can be requested either by the patients physician or by the family. In some cases, the patient may have indicated their wish for an autopsy in discussions with the family or by signing a personal directive for autopsy. The autopsy cannot be performed without consent of the legally designated responsible party, usually the next of kin. When giving consent, the family may make any restrictions, limitations, or special requests.

This may be and probably is 100% correct but I am made uneasy by the phrase "the family." I have a printout provided by a hospital and it says "next of kin or designated representative." There does not have to be a meeting of the minds within "the family," which this wording suggests.

The spouse doesn't want an autopsy - unless someone else is designated or someone gets a Court Order, there is no autopsy.

The quote you have posted does indicate "legally designated party, usually the next of kin" but then goes back to "the family."

Once again the ambiguous wording could cause a problem -

[progunr]

Your extreme level of attention to detail provides strong evidence of your investigative background!

The legally designated party, does not HAVE to be "next of kin", or "family" for that matter, thought, most would anticipate that it would be a relative of some sort.

I think you are a little into the splitting of hairs here, but that's OK too.

I think it also addresses the fact that an individual, could appoint a non relative in a will or living trust, and that if there is a surviving next of kin, the appointment of a non relative could be challenged by a "true next of kin".

Slightly ambiguous, perhaps. But, the question was can a funeral home request an autopsy?

I felt that what I posted was much better than the other option of just posting:

NO.

[JudyKayTee]

Your extreme level of attention to detail provides strong evidence of your investigative background!

The legally designated party, does not HAVE to be "next of kin", or "family" for that matter, thought, most would anticipate that it would be a relative of some sort.

I think you are a little into the splitting of hairs here, but that's OK too.

I think it also addresses the fact that an individual, could appoint a non relative in a will or living trust, and that if there is a surviving next of kin, the appointment of a non relative could be challenged by a "true next of kin".

Slightly ambiguous, perhaps. But, the question was can a funeral home request an autopsy?

I felt that what I posted was much better than the other option of just posting:

NO.

I am in no way disagreeing with you, challenging you, not at all. I just question the way some of these "things" are written.

I just went through one of these situations - if the laws/rules/regulations mean "next of kin or authorized party" they should say just that. If they mean "family," then they should say that. Instead, everyone ends up at odds because you are "family" and I am "next of kin" and we don't agree - and end up retaining counsel.

Sorry if you thought I had an issue with you - I most definitely did/do not. We are on the same page here.

And, as you said, all else aside the funeral director is (hopefully) neither next of kin NOR family so it's moot.

(I did have to smile - you're right. I get paid to look at things from all angles, including the occasional stretches of imagination.)