Macomb, MI asked in Health Care Law, Medical Malpractice and Wrongful Death for Michigan

Q: Are OPO's legally able to remove organs from a registered organ donor who's body is under investigation into COD

Body of deceased was under county jurisdiction. Autopsy was to be performed to determine cause of death, but kidneys and liver were taken prior to autopsy. No samples of either organ were provided to Chief Medical Examiner. COD still undetermined. Autopsy was performed missing two vital organs. Is it legal for an OPO to obstruct an investigation this way?

1 Lawyer Answer
Michael Zamzow
Michael Zamzow
  • Grand Rapids, MI
  • Licensed in Michigan

A: It might depend on the circumstances involving the death that required a particularly level of autopsy, and whether or not the CME authorized release.

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