Autopsy reports are vital in wrongful death claims, as they help establish the cause and manner of death. In Florida, autopsies are often required in suspicious, violent, or unexplained deaths, and the medical examiner must notify the next of kin.
These reports are confidential, with strict access rules and penalties for unauthorized disclosure. Surviving family members may have limited rights to access them, sometimes needing a court petition, especially in cases involving minors or domestic violence.
For families in Jacksonville, understanding how Florida law treats autopsy reports is key to navigating both the legal process and potential wrongful death claims.
When Are Autopsies Required in Florida?
When dealing with autopsy reports in Florida, especially in Jacksonville, it is vital to understand when an autopsy is conducted. Autopsies in Florida are governed primarily by Florida Statutes Chapter 406, which establishes the authority and procedures for medical examiners.
Under Florida Statute §406.11, autopsies can be required or authorized when a death occurs because of:
- Criminal violence
- Accident
- Suicide
- Criminal abortion
- Poison
- Disease contributing to a threat to public health
- Toxic agent, injury, or disease resulting from employment
An autopsy can also be required or authorized when a death occurs suddenly, when the person is in good health, or when unattended by a practicing physician or other recognized practitioner.
The medical examiner may decide to perform the autopsy or order it based on the facts surrounding the death and the public interest. Not all cases under the medical examiner’s jurisdiction will necessarily undergo an autopsy. It depends on the case details and the examiner’s discretion.
Purpose and Process of an Autopsy
An autopsy is a postmortem medical examination conducted to determine the cause and manner of death, whether natural, accidental, suicide, homicide, or undetermined. The process typically involves examining and dissecting internal organs, but it may also extend beyond the body itself.
Medical examiners often review medical records, evaluate the death scene, analyze tissue samples under a microscope, and perform laboratory tests such as toxicology to gain a complete understanding of how and why the death occurred.
Access and Confidentiality of Autopsy Reports
Autopsy reports are confidential and protected under Florida law. According to Florida Statute §406.135, certain autopsy records are exempt from public record laws and cannot be freely released to the public, including photos, videos, or audio recordings. This rule is particularly stringent for minors who died because of domestic violence and individuals whose deaths were by suicide.
Access to autopsy reports is possible but limited. For example, law enforcement and prosecuting attorneys generally have access to autopsy reports. Surviving family members may also access autopsy reports under specific circumstances. Medical examiners notify next of kin when an investigation or autopsy is conducted, but they generally do not need the family’s approval to conduct an autopsy under the law.
Office Responsible for Autopsies in Jacksonville, FL
The office of the Duval County Medical Examiner is in Jacksonville, FL. Autopsy reports may be requested online or in writing and mailed to the medical examiner’s office. The medical examiner does not provide death certificates. You must contact the Office of Vital Statistics or the funeral home to obtain copies of the death certificate.
How Are Autopsy Reports Used in Wrongful Death Cases?
Autopsy reports can be used to establish the cause of death when you sue for wrongful death in Florida. The report provides a medical professional’s findings on how the person died. Even though the autopsy report confirms the cause of death, the defense may dispute the findings. A defense attorney may hire an expert medical examiner to refute the findings.
Additionally, the plaintiffs must have evidence proving that the defendant’s conduct was the cause of the person’s death. While the cause of death is a significant factor, if the plaintiff cannot link the defendant’s actions to the cause of death, it is unlikely that the jury will award damages or that an insurance company will enter a wrongful death settlement.
Contact Baggett Law Personal Injury Lawyers for a Free Consultation
If you need guidance on autopsy reports, wrongful death cases, or personal injury claims, it’s important to have skilled legal counsel on your side. Contact Baggett Law Personal Injury Lawyers today to schedule a free consultation with an experienced Jacksonville personal injury attorney.
For more information, please contact the Jacksonville and Ponte Vedra personal injury law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and their surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St, Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167
