National Association of Medical Examiners Position Paper: Medical Examiner, Coroner, and Forensic Pathologist Independence

2013 ◽  
Vol 3 (1) ◽  
pp. 93-98 ◽  
Author(s):  
Judy Melinek ◽  
Lindsey C. Thomas ◽  
William R. Oliver ◽  
Gregory A. Schmunk ◽  
Victor W. Weedn ◽  
...  
2017 ◽  
Vol 7 (4) ◽  
pp. 604-618
Author(s):  
Roger A. Mitchell ◽  
Francisco Diaz ◽  
Gary A. Goldfogel ◽  
Mark Fajardo ◽  
Stephany E. Fiore ◽  
...  

The National Association of Medical Examiners commissioned an ad hoc committee to provide recommendations for the investigation, examination, and reporting of deaths in custody. Deaths in custody, whether occuring in jail/prison or during an altercation with law enforcement, is a complex issue and requires the forensic pathologist to be knowledgable and deliberative about his/her diagnosis. This paper provides recommendations for the forensic pathologist as it relates to 1) categorization of deaths in custody, 2) critical information required during investigation, 3) enhanced autopsy procedures, 4) guidance on death certification, 5) parameters for statistical reporting, and 6) release of information to the public. A uniform approach by medical examiners and coroners to the investigation and evaluation of deaths in custody is critical. The establishment of recommendations has the potential to ensure consistency and reliability to the definition, investigation, and certification of these cases. Such uniformity and consistency will instill confidence in the independence of the medical examiner/forensic pathologist/coroner by the criminal justice system, public health system, and community at large.


2014 ◽  
Vol 4 (4) ◽  
pp. 497-504 ◽  
Author(s):  
J. Keith Pinckard ◽  
Roberta J. Geiselhart ◽  
Ellen Moffatt ◽  
Gregory A. Schmunk ◽  
Daniel L. Schultz ◽  
...  

2013 ◽  
Vol 58 (5) ◽  
pp. 1193-1199 ◽  
Author(s):  
Mitchell Weinberg ◽  
Victor W. Weedn ◽  
Seth Weinberg ◽  
David Fowler

2004 ◽  
Vol 25 (1) ◽  
pp. 11-13 ◽  
Author(s):  
Boyd G. Stephens ◽  
Jeffrey M. Jentzen ◽  
Steven Karch ◽  
Charles V. Wetli ◽  
Deborah C. Mash

2013 ◽  
Vol 3 (2) ◽  
pp. 191-194 ◽  
Author(s):  
Owen Middleton ◽  
Samantha Baxter ◽  
Erin Demo ◽  
Christina Honeywell ◽  
Jeff Jentzen ◽  
...  

2019 ◽  
Vol 9 (3-4) ◽  
pp. 181-190
Author(s):  
Cassie B. MacRae ◽  
Seth H. Weinberg ◽  
Mitchell L. Weinberg

Studies have demonstrated that autopsy is the gold standard for determining cause and manner of death. Indeed, the current National Association of Medical Examiners standard B3.7 states that a forensic pathologist (FP) shall perform a forensic autopsy when the death is by apparent intoxication by alcohol, drugs, or poison. Unfortunately, the recent increase in drug-related deaths has led to some question about the feasibility of maintaining compliance with standard B3.7. We constructed a voluntary survey to address consensus on standard B3.7 and the use of supervised accredited pathologists’ assistants (PAs) in performing select medicolegal autopsies. Additional questions were included to help characterize variables related to FP’s workload and experience. Each of these variables was predicted to influence FP’s attitudes toward B3.7 and the use of PAs. Our respondent pool (n = 107) consisted primarily of actively practicing FPs with administrative responsibilities (42%) and actively practicing FPs without administrative responsibilities (41%). Sixty-five percent agreed that standard B3.7 is appropriate. Opinion on the use of PAs was split between those who agreed (45%) and those who did not (44%). Tendency to agree with either B3.7 or the use of PAs was not a function of FP’s individual or office workload; however, respondents were more likely to agree with B3.7 if they previously experienced a case where internal autopsy findings radically altered diagnosis in an otherwise suggestive overdose case (P < 0.001). In certain offices and under certain conditions, the use of PAs may be one solution to ensuring all potential overdose deaths receive an autopsy.


2021 ◽  
pp. 192536212110324
Author(s):  
Victor W. Weedn

The common practice of retaining organs and tissues after the autopsy dissection is a potential legal liability for forensic pathologists and the offices they work for. In 1988, a coroner and the coroner’s office were successfully sued for corneal procurements without the consent of the next of kin. That led to later lawsuits of forensic pathologists and medical examiner offices over the retention of brains for formalin fixation and neuropathologic examination without consent, although the autopsies were not consent based. National Association of Medical Examiners became involved in this ligation and filed numerous amicus briefs. These later lawsuits were not successful. After caselaw on the subject, such lawsuits have largely abated. Nonetheless, the threat of such lawsuits remains, and statutory language can be promulgated to mitigate the risk.


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