Who determines whether an autopsy is performed?
A physician cannot order an autopsy on a patient without the consent of the next-of-kin. A medical examiner can order an autopsy without the consent of the next-of-kin. Deaths that are investigated by the medical examiner or coroner include all suspicious deaths, and, depending upon the jurisdiction, may include deaths of persons not being treated by a physician for a known medical condition, deaths of those who have been under medical care for less than 24 hours, or deaths that occurred during operations or other medical procedures. In all other cases, consent must be obtained from the next-of-kin before an autopsy is performed, even at academic institutions or hospitals. The next-of-kin also has the right to limit the scope of the autopsy (for example, excluding the brain from evaluation or limiting the procedure to examination of the abdomen) if he/she wishes.
