Merced, CA asked in Personal Injury and Medical Malpractice for California

Q: Is it mandatory that a autopsy be performed if someone passes away less than 24 hours from a hip fracuture sugery

2 Lawyer Answers
William John Light
William John Light
Answered
  • Medical Malpractice Lawyer
  • Santa Ana, CA
  • Licensed in California

A: ANSWER: Depends. The body might not even be in the coroner’s custody within 24 hours of death.

For an infant, autopsies are supposed to be completed in 24 hours. Government Code § 27491.41.

For all deaths, if the coroner is informed that a a certificate of religious belief was signed by the decedent, the autopsy shall be delayed for 48 hours to allow production of the certificate. Government Code § 27491.43

I am unaware of any other time requirements of the Government Code that mandate completion of an autopsy. Government Code § 27490, et seq. There may be interoffice standards by which autopsies should be completed, but those would not have the force of law. Inquire with the Coroner’s Office for more detailed information on this topic.

Theodore Allan Greene agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

in most cases, you would be lucky if they had the body and were set up for an autopsy within 24 hours.

i am not aware it is mandatory.

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