11-597

11-597. Autopsies; reports; exemption from
liability

A. The county medical examiner or alternate medical examiner shall conduct a death
investigation to determine whether or not the public interest requires an external
examination, autopsy or other special investigation.

B. An external examination or autopsy is not required for deaths due to natural
diseases that occur during surgical or anesthetic procedures unless the medical examiner
or alternate medical examiner determines that an external examination or autopsy is
necessary.

C. In the determination of the need for an autopsy, the county medical examiner or
alternate medical examiner may consider the request for an autopsy made by private
persons or public officials. If the county attorney or a superior court judge of the
county where the death occurred requests an autopsy, the county medical examiner shall
perform the autopsy, or, in the case of an alternate medical examiner, an autopsy shall
be performed by a forensic pathologist.

D. A forensic pathologist shall perform an autopsy in cases of sudden and
unexplained infant death in accordance with protocols adopted by the director of the
department of health services. If the medical examiner or forensic pathologist
determines that the infant died of sudden infant death syndrome, the medical examiner or
forensic pathologist shall notify the department of health services. The medical
examiner or forensic pathologist may take tissue samples for diagnostic purposes.

E. If an autopsy is performed, a full record or report of the facts developed by
the autopsy in the findings of the person performing the autopsy shall be properly made
and filed in the office of the county medical examiner or the board of supervisors. If
the person performing the autopsy determines that the report should be forwarded to the
county where the death occurred or the county in which any injury contributing to or
causing the death was sustained, the report shall be forwarded to the county attorney.

F. A county attorney may request and upon request shall receive from the county
medical examiner or alternate medical examiner a copy of the report on any autopsy
performed.

G. The county medical examiner or alternate medical examiner may perform other
tests deemed necessary to determine identity and the cause and manner of death and may
retain tissues, specimens and other biological materials for subsequent examination.

H. When an autopsy or other tests are performed by a forensic pathologist, no cause
of action shall lie against the physician or any other person for requesting the autopsy,
for participating in the autopsy or for retaining specimens or tissues.