Acceptable methods of documenting consent also vary. Some jurisdictions require an original written document signed and attested, while others also accept consent in the form of a telegram or facsimile transmission. In certain circumstances, some states accept documented telephone authorization.11 For example, Florida will accept witness telephone consent if written authorization would result in an unreasonable delay in the review. In Indiana, telephone consent in the presence of a witness can replace written authorization if the next of kin are outside the county where the death occurred. In other states (e.g., California), telephone consents must be recorded on tape or other recording devices. However, given the ease and availability of authorization granted by facsimile when consent cannot be obtained in person, many institutions only accept approval on an approved institutional consent form. Exhumation is the legal excavation of a previously buried body for forensic purposes where autopsy is a mandatory task. The exhumation is followed by either the first autopsy or a new autopsy based on new suspicious information. [18] [17] An exhumation followed by an autopsy for forensic purposes is also an important tool for the education and training of forensic specialists or doctoral students. [19] Over the past decade, an unprecedented amount of data has been stored in online accounts. Due to the relative novelty of this phenomenon, there is no legal mandate on how to deal with a person`s digital assets after death. The terms of use between the user and the service provider remain the next variant of these. [1] In order to protect the privacy of their users, many of these agreements make it difficult for third parties to access these online accounts after the user`s death.
For example, Yahoo! states in its Terms of Service that the account will be permanently deleted after the user`s death. [10] Google requires a lengthy process to obtain a court order to obtain content from a deceased user`s account. There is also an option for someone to manage the account, make it inactive, or delete it completely once the user dies. [11] Facebook has made it possible to remember the accounts of deceased users, which is intended to preserve the user`s privacy while allowing friends and family to continue to interact with the account. Requesting account information is a long and difficult process. Recently, the company updated its policy to allow “legacy contact,” where the user can appoint someone to take over their account upon death. The new policy also offers the option to permanently delete the account after death. [11] Post-mortem publication rights refer to the rules governing the commercial use of a person`s name, image or other recognizable aspect of personality after death.
Medical confidentiality is guaranteed by state and federal laws. Because state legislation varies widely, Congress passed explicit medical privacy regulations in 2000 as part of the Health Insurance Portability and Accountability Act (HIPAA). [2] However, the law only briefly mentions the right to privacy after death and states that all protection ends two years after death. [2] In addition, there is no legal mandate for patients` wishes after their death. Over the lifetime, informed consent is the basis for managing a patient`s medical history. However, as informed consent is no longer possible post-mortem, there is a risk that confidential medical information will be used in a variety of ways. First, highly sensitive information such as genetic information, potential health factors, or diseases can easily spread in ways that the patient might not have intended. In addition, legal consent to research on a patient`s biological material no longer applies to deceased persons, so such examinations can be performed on deceased patients without authorization.
[5] An autopsy is performed at the request of: It is our policy that at the time of a patient`s death, a member of the medical team who cared for the patient will report the case to the coroner`s office or certify that the coroner does not need to be consulted. Sometimes autopsy authorization is obtained without proper notification to the judicial authorities. In such situations, the pathologist assumes the same responsibility to properly notify the coroner. This has legal consequences for the pathologist. A study conducted by Start and colleagues19 found that clinicians have great difficulty recognizing the full range of cases that require notification from a coroner or coroner. Therefore, at any stage of an autopsy — medical history, prosection or microscopic examination — during which a pathologist detects problems or results indicating that the case should be reported, it is the responsibility of the pathologist to notify the coroner or coroner. This also applies to cases previously disclosed by the authorities where new evidence could bring the case within their jurisdiction. Finally, notification should be made immediately at the time of discovery, not after completion of the dissection or autopsy report. As a matter of usual courtesy, the pathologist in charge must inform the physician and family of the deceased of any change in circumstances. Post-mortem privacy is a person`s ability to control the dissemination of personal data after death. In the United States, there is no federal law that explicitly extends privacy protection after death. At the state level, privacy laws for deceased individuals vary widely, but generally do not extend clear privacy rights beyond property rights.
The relative lack of recognition of the right to privacy post-mortem has sparked great controversy in recent years, with rapid technological advances that have led to exponential growth in the amount of personal information stored and instantly shared online. [1] [2] In cases where the dead are not claimed and are available for mortal remains without a will or other instructions, some officials are generally liable. If the next of kin are not identified after a thorough search for a period specified by law, the competent official may authorize an autopsy at the request of the deceased`s doctor. An adult who is an acquaintance of the deceased and assumes responsibility for the funeral may be allowed to authorize the autopsy under the laws of some states. [9] There has been and continues to be debate among Islamic scholars on issues such as autopsies and organ transplants. [46] Although the problems surrounding organ donation and transplantation have not been resolved, both occur in some Muslim sects. [47] 48 However, unless required by law, autopsies are not permitted.49 Similarly, the Islamic faith prohibits dissection for teaching or medical research purposes. Muslim bodies are not embalmed or cremated, and religion requires that the body be buried as soon as possible after death.
After death, the head is turned towards Mecca or to the right, the arms and legs are stretched, and the mouth and eyes are closed.49 Body preparation includes ritual washing and draping with a simple white cloth by family or friends of the same sex. Autopsies provide useful information about how, when and why someone died. They allow pathologists to better understand the spread of the disease. Among patients, physicians, public health officials and the courts, acquired immunodeficiency syndrome (AIDS) raises significant questions and concerns about the privacy and confidentiality rights of patients and their loved ones and has been the subject of specific laws.21, 22 These laws vary considerably from state to state, and the pathologist performing autopsies should be aware of specific local laws. In general, two documents are relevant to the autopsy pathologist: the autopsy report and the death certificate. Autopsy reports prepared as part of a hospital practice are protected by law as part of the confidential medical record. However, in some states, autopsies reported by a coroner are part of the public record. Similarly, the causes of death listed on death certificates may be available to the public.23 For these reasons, the Council on Ethical and Judicial Affairs of the American Medical Association recommends that infection with the human immunodeficiency virus, or AIDS, appear in the autopsy report only if it is relevant to the patient`s cause of death.23 Others suggest that government agencies accept a two-part death certificate. which contains a part for funerals and for direct legal purposes. another for the medical certificate.24, 25 This would give more privacy to the family of the deceased. Sudden and unexplained deaths, as well as mysterious and suspicious deaths, must be reported to the competent judicial authority.
In such circumstances, there should be no issuance of a death certificate (cause of death only) without a formal forensic examination of the death by the judicial authority.
