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Medicolegal Death Investigation Forensic Pathology: Forensic
Medicolegal Death Investigation Forensic Pathology: Forensic pathology is a specific practice of medicine and subspecialty of pathology that directs its efforts to the examination of dead persons (and sometimes live persons) to provide an opinion concerning the: • cause, mechanism, and manner of disease, injury, or death; • identification of persons; • significance of biological and physical evidence; • correlation and/or reconstruction of wounds, wound patterns, and sequences. Forensic pathology is an integral component of comprehensive medicolegal death investigation. Forensic pathology applies techniques of pathology to the needs and protection of public health, Homeland Security (surveillance and mass disaster operations), public safety, quality assurance, education in medicine, research, jurisprudence, and the administration of justice. The highest goal of forensic pathology is the development of strategies to prevent injury, disease, and death. Forensic Pathologists: Forensic pathologists should be physicians specially trained in forensic pathology and board-certified by the American Board of Pathology or a non- USA trained pathologist with equivalent certification. The practicing forensic pathologist is licensed as a physician in one or more states and is skilled in conducting death investigations, interpreting injuries in both fatal and non-fatal cases, performing medicolegal examinations, determining disease/injury causation to an appropriate degree of medical certainty, and determining cause and manner of death. Forensic pathologists -
Uses of Pathological Testimony and Autopsy Reports at Trial J
University of Arkansas at Little Rock William H. Bowen School of Law Bowen Law Repository: Scholarship & Archives Faculty Scholarship 1983 When Death is the Issue: Uses of Pathological Testimony and Autopsy Reports at Trial J. Thomas Sullivan University of Arkansas at Little Rock William H. Bowen School of Law, [email protected] Follow this and additional works at: http://lawrepository.ualr.edu/faculty_scholarship Part of the Constitutional Law Commons, and the Criminal Procedure Commons Recommended Citation J. Thomas Sullivan, When Death is the Issue: Uses of Pathological Testimony and Autopsy Reports at Trial, 19 Willamette L. Rev. 579 (1983). This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. WHEN DEATH IS THE ISSUE: USES OF PATHOLOGICAL TESTIMONY AND AUTOPSY REPORTS AT TRIALt J. THOMAS SULLIVAN* "Death is at the bottom of everything... Leave death to the professionals. " Calloway, The Third Man Trial lawyers often must present or confront evidence concern- ing the death of a party, victim or witness in the course of litigation. Clearly, the fact of death is a key issue considered in homicide' and wrongful death actions.' It may also prove significant in other pro- ceedings, either as the focal point of litigation-as in contested pro- bate matters-or in respect to some collateral matter, such as the death of a witness who might otherwise testify.' Generally, the party t Copyright, 1982 * B.A., University of Texas at Austin; J.D., Southern Methodist University; LLM Can- didate, University of Texas at Austin; Appellate Defender, New Mexico Public Defender Department. -
Views of the Commission Recognizing the Autonomy and Neutrality of Forensic Pathologists
NATIONAL COMMISSION ON FORENSIC SCIENCE Views of the Commission Recognizing the Autonomy and Neutrality of Forensic Pathologists Subcommittee Date of Current Version 13/12/16 Medicolegal Death Investigation Approved by Subcommittee 15/12/16 Status Approved by Commission 09/01/17 Adopted by the Commission Commission Action On January 9, 2017, the Commission voted to adopt this Views Document by a more than two- thirds majority affirmative vote (94% yes, 0% no, 6% abstain). Note: This document reflects the views of the National Commission on Forensic Science, and does not necessarily represent the views of the Department of Justice or the National Institute of Standards and Technology. The portion of the document directly labeled “Views of The Commission” represents the formal Views of the Commission. Information beyond that section is provided for context. Views documents do not request specific action by the Attorney General, and thus do not require further action by the Department of Justice upon their approval by the Commission. The National Commission on Forensic Science is a Federal Advisory Committee established by the Department of Justice. For more information, please visit: https://www.justice.gov/ncfs. Overview Currently, many medicolegal offices do not allow (or they restrict) forensic pathologists (FPs) from performing private work outside of their full-time employment, to include consultative work and/or locum tenens for reasons of alleged conflicts of commitment and/or interest. Because of the national shortage of forensic -
Humans Are Mortal?! I'm Calling My Attorney
Humans Are Mortal?! I’m Calling My Attorney Marshall B. Kapp, JD, MPH Florida State University Center for Innovative Collaboration in Medicine & Law [email protected] Excluded from this Discussion • Legal planning to maintain prospective autonomy (control) at the border of life and death during the process of dying (e.g., advance medical directives, “do not” orders) Maintaining Posthumous Control • “Come back to haunt you”—1,340,000 results • “Beyond the grave”—2,890,000 results • “Worth more dead than alive”—1,080, 000 results Using the Law to Create Our Legacies • We all want to be remembered. We are the “future dead of America.” • “The law plays a critical role in enabling people to live on following death. Whenever the law provides a mechanism for enforcing people’s wishes—whether it is with respect to their body, property, or reputation—it gives people a degree of immortality.” Areas of Posthumous Control • Property • Body • Reputation • Creations with commercial value • Limits to posthumous control (e.g., voting) Property • Right to control disposition of property at death (through wills and trusts) to others= power to control the behavior of others – During the property owner’s life – After the property owner’s death • Right to leave property for charitable purposes = – ability to leave a legacy, achieve immortality, perpetuate one’s name (e.g., Marshall’s alma maters). “Naming opportunities” – ability to seek salvation, absolution for past wrongs (e.g., Nobel) • Right to leave property for non-charitable purposes (e.g., care of a pet, build a monument) • Law respects American value of respect for private property. -
In Respect of People Living in a Permanent Vegetative State - and Allowing Them to Die Lois Shepherd
Health Matrix: The Journal of Law- Medicine Volume 16 | Issue 2 2006 In Respect of People Living in a Permanent Vegetative State - and Allowing Them to Die Lois Shepherd Follow this and additional works at: https://scholarlycommons.law.case.edu/healthmatrix Part of the Health Law and Policy Commons Recommended Citation Lois Shepherd, In Respect of People Living in a Permanent Vegetative State - and Allowing Them to Die, 16 Health Matrix 631 (2006) Available at: https://scholarlycommons.law.case.edu/healthmatrix/vol16/iss2/9 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Health Matrix: The ourJ nal of Law-Medicine by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. IN RESPECT OF PEOPLE LIVING IN A PERMANENT VEGETATIVE STATE- AND ALLOWING THEM TO DIE Lois Shepherd PROPOSAL 1. Recognize the person in a permanent vegetative state as a liv- ing person with rights to self-determination, bodily integrity, and medical privacy. 2. Recognize that people in a permanent vegetative state are not like other people who are severely disabled in that they have abso- lutely no interest in continued living. 3. Recognize that for people in a permanent vegetative state, the current legal presumption in favor of indefinite tube feeding generally does not allow their preferences or their interests to prevail; change that presumption only for people in a permanent vegetative state to favor discontinuing tube feeding. 4. Require judicial or quasi-judicial review of continued tube feeding after a specified period of time following the onset of the per- son's vegetative state, such as two years, well beyond the period when diagnosis of permanent vegetative state can be determined to a high- degree of medical certainty. -
Forensic Sciences Medical Examiner - 20859
State of Alabama Personnel Department 64 North Union Street P. O. Box 304100 Montgomery, AL 36130-4100 Phone: (334) 242-3389 Fax: (334) 242-1110 www.personnel.alabama.gov Continuous Announcement FORENSIC SCIENCES MEDICAL EXAMINER - 20859 Salary: $116,277.60 – 177,266.40 Announcement Date: February 5, 2009 **Effective Thursday, February 5, 2009, this recruitment is being reannounced** JOB INFORMATION The Forensic Sciences Medical Examiner is a permanent full-time position with the Department of Forensic Sciences. Positions are located throughout the state. This is complex professional work in the field of death investigations and forensic pathology. Employees in this class perform complex professional work as physicians, skilled not only in medical and laboratory procedures, but also experienced and knowledgeable in the medicolegal investigation of death. MINIMUM REQUIREMENTS • Graduation from an accredited medical school or osteopathic school • Successful completion of a residency program in anatomic pathology or combined anatomic and clinical pathology program accredited by the American Council for Graduate Medical Education (ACGME) • Preferred board certification in anatomic pathology by the American Board of Pathology • Successful completion of a forensic fellowship program accredited by ACGME. ADDITIONAL REQUIREMENT • Applicants must obtain a valid license to practice medicine or osteopathy in the State of Alabama. Please list all certification and licensing (e.g., license #) information on your application. BENEFITS • Low-Cost Health/Dental -
No Autopsies on COVID-19 Deaths: a Missed Opportunity and the Lockdown of Science
Journal of Clinical Medicine Review No Autopsies on COVID-19 Deaths: A Missed Opportunity and the Lockdown of Science 1, 2, 3 1 1 Monica Salerno y, Francesco Sessa y , Amalia Piscopo , Angelo Montana , Marco Torrisi , Federico Patanè 1, Paolo Murabito 4, Giovanni Li Volti 5,* and Cristoforo Pomara 1,* 1 Department of Medical, Surgical and Advanced Technologies “G.F. Ingrassia”, University of Catania, 95121 Catania, Italy; [email protected] (M.S.); [email protected] (A.M.); [email protected] (M.T.); [email protected] (F.P.) 2 Department of Clinical and Experimental Medicine, University of Foggia, 71122 Foggia, Italy; [email protected] 3 Department of Law, Forensic Medicine, Magna Graecia University of Catanzaro, 88100 Catanzaro, Italy; [email protected] 4 Department of General surgery and medical-surgical specialties, University of Catania, 95121 Catania, Italy; [email protected] 5 Department of Biomedical and Biotechnological Sciences, University of Catania, 95121 Catania, Italy * Correspondence: [email protected] (G.L.V.); [email protected] (C.P.); Tel.: +39-095-478-1357 or +39-339-304-6369 (G.L.V.); +39-095-378-2153 or +39-333-246-6148 (C.P.) These authors contributed equally to this work. y Received: 12 March 2020; Accepted: 13 May 2020; Published: 14 May 2020 Abstract: Background: The current outbreak of COVID-19 infection, which started in Wuhan, Hubei province, China, in December 2019, is an ongoing challenge and a significant threat to public health requiring surveillance, prompt diagnosis, and research efforts to understand a new, emergent, and unknown pathogen and to develop effective therapies. -
Saundersautopsy.Pdf
BOARD OF MEDICOLEGAL INVESTIGATIONS OFFICE USE ONLY OFFICE OF THE CHIEF MEDICAL EXAMINER Re Co I hereby certify that this is a true Central Office Eastern Division and correct copy of the original 901 N. Stonewall 1115 West 17th document. Valid only when copy Oklahoma City, Oklahoma 73117 Tulsa, Oklahoma 74107 bears imprint of the office seal. (405) 239-7141 Fax (405) 239-2430 (918) 582-0985 Fax (918) 585-1549 By REPORT OF INVESTIGATION BY MEDICAL EXAMINER Date DECEDENT First-Middle-Last Names (Please avoid use of initials) Age Birth Date Race Sex CARINA SAUNDERS 19 7/17/1992 WHITE F HOME ADDRESS - No. - Street, City, State 922 W KYLE WAY, MUSTANG, OK EXAMINER NOTIFIED BY - NAME - TITLE (AGENCY, INSTITUTION, OR ADDRESS) DATE TIME DET. CADEL - BETHANY PD 10/13/2011 15:07 INJURED OR BECAME ILL AT (ADDRESS) CITY COUNTY TYPE OF PREMISES DATE TIME UNKNOWN Unknown Unknown LOCATION OF DEATH CITY COUNTY TYPE OF PREMISES DATE TIME 7101 NW 23RD ST. JUST WEST BETHANY OKLAHOMA FIELD 10/13/2011 10:30 FOUND FOUND BODY VIEWED BY MEDICAL EXAMINER CITY COUNTY TYPE OF PREMISES DATE TIME 901 N. STONEWALL OKLAHOMA CITY OKLAHOMA MORGUE 10/14/2011 9:00 IF MOTOR VEHICLE ACCIDENT: DRIVER PASSENGER PEDESTRIAN TYPE OF VEHICLE: AUTOMOBILE LIGHT TRUCK HEAVY TRUCK BICYCLE MOTORCYCLE OTHER: DESCRIPTION OF BODY RIGOR LIVOR EXTERNAL OBSERVATION NOSE MOUTH EARS Jaw Complete Color Beard Hair BLOOD EXTERNAL Neck Lateral PHYSICAL Absent Eyes: Color Mustache OTHER EXAMINATION Posterior Arms Passing Opacities Legs Passed Anterior Pupils: R L Decomposed Regional Body Length Body Weight Significant observations and injury documentations - (Please use space below) SEE AUTOPSY PROTOCOL Probable Cause of Death: Manner of Death: Case disposition: VIOLENT DEATH Natural Accident Autopsy Yes No Authorized by CHAI S. -
Overview of Access to Autopsy Records and Documentation Within the United States: Federal and State Law Survey
Overview of Access to Autopsy Records and Documentation Within the United States: Federal and State Law Survey. Drew Canavan Research Assistant, Juris Doctor Candidate Stetson Law October 2016 Purpose and Scope: Autopsies are used by governmental actors, insurance companies and the court system to determine the causes of death. In order to facilitate the training of legal professionals there is a desire to use records generated during an autopsy to understand the process of the autopsy and provide a basic medical understanding as to how bodily systems relate and interact to current and future lawyers. Such understanding can facilitate the proper application of criminal and tort law. This survey sought to examine the ability of an educator to be able to obtain the documentation created from a crime scene, as well as during and subsequent autopsies, to provide an evaluation of the ability to access and in some cases use the material in professional and post-secondary education and instruction. The document is a collection of legal information, not legal advice. The document is intended to be a starting point for legal research to be conducted. For the user’s convenience links to LexisAdvance have been included. 2 Table of Contents Federal..........................................................................................................................................................5 Alabama......................................................................................................................................................11 -
61-12-3. Office of Chief Medical Examiner Established; Appointment, Duties, Etc., of Chief Medical Examiner; Assistants and Employees; Promulgation of Rules
11/14/2019 West Virginia Code §61-12-3. Office of chief medical examiner established; appointment, duties, etc., of chief medical examiner; assistants and employees; promulgation of rules. (a) The office of chief medical examiner is hereby established within the division of health in the Department of Health and Human Resources. The office shall be directed by a chief medical examiner, who may employ pathologists, toxicologists, other forensic specialists, laboratory technicians, and other staff members, as needed to fulfill the responsibilities set forth in this article. (b) All persons employed by the chief medical examiner shall be responsible to him or her and may be discharged for any reasonable cause. The chief medical examiner shall specify the qualifications required for each position in the office of chief medical examiner, and each position shall be subject to rules prescribed by the secretary of the Department of Health and Human Resources. (c) The chief medical examiner shall be a physician licensed to practice medicine or osteopathic medicine in the State of West Virginia, who is a diplomat of the American board of pathology in forensic pathology, and who has experience in forensic medicine. The chief medical examiner shall be appointed by the director of the division of health to serve a five-year term unless sooner removed, but only for cause, by the Governor or by the director. (d) The chief medical examiner shall be responsible to the director of the division of health in all matters except that the chief medical examiner shall operate with independent authority for the purposes of: (1) The performance of death investigations conducted pursuant to section eight of this article; (2) The establishment of cause and manner of death; and (3) The formulation of conclusions, opinions or testimony in judicial proceedings. -
Medical Examiners and Coroners
Medical Examiners and Coroners As a medical-legal officer, the coroner or medical examiner is responsible for investigating and certifying specific types of death, and the records produced by these investigations can provide valuable data. Although which deaths are investigated is governed by state law, the types of deaths usually included are:1 • Deaths as a result of an accident, suicide, or homicide • Deaths with unusual or suspicious circumstances • Deaths from disease when “the death occurred suddenly and without warning, the decedent was not being treated by a physician, or the death was unattended”2 Information is collected in different ways in each state, depending on the system in place. For example, a state may have a medical examiner system, a coroner system, or a mixed system. The system may be centralized (controlled by one state office) or decentralized (controlled by county or regional offices). The difference between coroner and medical examiner systems varies by jurisdiction. In addition, the qualifications, skills, and activities of personnel cannot necessarily be determined from the title of the office. However, some differences between coroners and medical examiners may be generalized: • Coroners are usually elected and are not required to be physicians. If an autopsy is needed, a coroner will frequently consult with a pathologist or forensic pathologist. • Medical examiners, in most cases, are appointed and must be physicians. However, they may not be required to have special training in pathology or forensic pathology. Coroner and medical examiner records generally include: • Cause and manner of death • Results of autopsies and laboratory tests for the presence of alcohol or drugs • Circumstances leading to death However, the information collected on suicides and other deaths varies by jurisdiction. -
A Symbolic Analysis of Ritualistic Crime: the Forensics of Sacrifice 1
RBSE 8(24): 524-621, Dez2009 ISSN 1676-8965 ARTIGO A Symbolic Analysis of Ritualistic Crime: The Forensics of Sacrifice 1 Dawn Perlmutter Resumo: O assassinato ritual inclui uma grande variedade de atos sagrados e temporais cometidos por grupos e por indivíduos e é atribuído o mais frequentemente aos praticantes de ideologias ocultas tais como o Satanismo, o Palo Mayombe, a Santeria e outras tradições mágicas, ou aos assassinos em série e aos sadistas sexuais que assassinam ritualmente as suas vítimas. Devido a muitas controvérsias legais, práticas e éticas o estudo da violência religiosa contemporânea está em sua infância. Não houve nenhum estudo empírico sério dos crimes ou das classificações ritualísticas que distingam adequadamente entre os homicídios rituais cometidos para sagrado versus motivações temporais. Este artigo é o resultado de minha pesquisa na fenomenologia da adoração da imagem, de rituais contemporâneos do sangue, e da violência sagrada. Reflete meu esforço contínuo para proteger as liberdades religiosas de membros de religiões alternativas ao ajudar profissionais da lei de lei na investigação de crimes ritualísticos. Unitermos: Sacrifício; Violência Ritual; Análise Simbólica. Abstract : Ritual murder includes a wide variety of both sacred and secular acts committed by groups and individuals and is most often attributed to practitioners of occult ideologies such as Satanism, Palo Mayombe, Santeria, and other magical traditions, or to serial killers and sexual sadists who ritually murder their victims. Due to many legal, practical, and ethical controversies the study of contemporary religious violence is in its infancy. There have been no serious empirical studies of ritualistic crimes or classifications that adequately distinguish between ritual homicides committed for sacred versus secular motivations.