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ANNUAL REPORT
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PURPOSE The
objective of this publication is to define “a Coroner’s Case” for
use by physicians, hospitals, law enforcement agencies, and other related
agencies. CORONER’S
AUTOPSIES It
is the policy of the Hamilton County Coroner to order an official autopsy
in all cases of deaths resulting from: a.
homicide b.
suicide c.
motor
vehicle accidents d.
fire
or burns e.
any
means while in jail or following incarceration f.
industrial
accidents g.
other
selected accidents In
other cases reported to the Coroner under Item I, sections D, E and F on
the pages that follow, an official autopsy may be ordered by the Coroner. Each
of these cases will be evaluated individually.
Please check with the Coroner’s Office before attempting to
secure a consent autopsy (defined on page 5).
I.
Definition of Types of
Deaths Reportable to the Coroner’s Office A.
Accidental
Deaths:
All forms including deaths arising from employment. 1.
Blows
or other forms of mechanical violence. 2.
Crushed
beneath falling object. 3.
Cutting
or stabbing. 4.
Drowning
(actual or suspected). 5.
Electrical
shock. 6.
Explosion. 7.
Exposure. 8.
Firearms. 9.
Fractures
of bones (not pathological) such cases to be reported even when fracture
is not primarily responsible for death. 10.
Falls. 11.
Carbon
monoxide poisoning (resulting from natural gas, automobile exhaust or
other). 12.
Hanging. 13.
Heat
exhaustion. 14.
Sunstroke. 15.
Poisoning
(food poisoning, occupational poisoning or other). 16.
Strangulation. 17.
Suffocation
(foreign object in the air passages, by bed clothing or other means). 18.
Vehicular
accident (automobile, airplane, boat, bus, train, motorcycle, bicycle or
other). 19.
Conflagrations. B.
Homicidal
deaths C.
Suicidal
deaths D.
Sudden
deaths:
If the death occurs when in apparent good health or in any
suspicious or unusual manner including: 1.
DOA
– Any person (DOA) pronounced dead on arrival at any hospital, emergency
room of a hospital, or doctor’s office shall be reported. 2.
Infants
and young children under two years of age – Any infant or young child
found dead shall be reported. 3.
All
stillborn infants where there is suspected or actual injury to the mother. 4.
All
deaths occurring within 24 hours of admission to a hospital unless the
patient has been under the continuous care of a physician for a natural
disease which is responsible for death. 5.
Deaths
in jail or following incarceration. 6.
Deaths
which follow injuries sustained at place of employment whenever the
circumstances surrounding such injury may ultimately be the subject of
investigations. Deaths in this
classification including caisson disease (bends), industrial infections,
silicosis, industrial poisonings, contusions, abrasions, fractures, burns,
or other injuries received during employment which in the opinion of the
attending physician are sufficiently important, either as the cause of
death, or to warrant stating them on the death certificate. 7.
Deaths
under unknown circumstances, whenever there are no witnesses or where
little or no information can be elicited, concerning the deceased person. 8.
Sudden
death on the street, at home, in a public place, or at place of
employment. 9.
Alcoholism. 10.
Drug
abuse, habitual use of drugs or drug addiction. 11.
Any
mentally retarded or developmentally disabled person regardless of
circumstances. E.
Therapeutic
Complications (Diagnostic or Therapeutic) 1.
Anesthetic
– Deaths due to or contributed to by anesthesia or complications arising
there from. 2.
Surgical
– Deaths dues to or contributed to by surgical procedure or
complications arising there from. 3.
Operative
– Deaths due to anesthesia or surgical procedure or contributed to by
them or where there is doubt as to which factor is involved. 4.
Medication
– Deaths due to the administration of a drug, serum, vaccine, or any
other substance for diagnostic, therapeutic or immunological purpose. 5.
Blood
transfusions
– Deaths following the administration of blood or blood components. F.
Any
death in which there is a doubt, question or suspicion. II.
Autopsy A.
Official,
By Coroner’s Order Any
of the above cases reported to the Coroner and accepted as a coroner’s
case is subject to the performance of an official autopsy; i.e., one
ordered under the authority of the Coroner.
This type of autopsy is performed without the consent of, and even
in the face of affirmative opposition from the spouse or next of kin.
This authority is defined in: O.R.C.
313.13, AUTOPSY The
coroner, any deputy coroner, an investigator appointed pursuant to section
313.05 of the Revised Code, or any other person the coroner designates as
having the authority to act under this section may go to the dead body and
take charge of it. Whether and
when an autopsy is performed shall be determined under sections 313.121
and 313.131 of the Revised Code. If
an autopsy is performed by the coroner, deputy coroner, or pathologists, a
detailed description of the observations written during the progress of
such autopsy, or as soon after such autopsy as reasonably possible, and
the conclusions drawn from the observations shall be filed in the office
of the coroner. If
he takes charge of and decides to perform, or performs, an autopsy on a
dead body under section 313.121 or 313.131 of the Revised Code, the
coroner, or in his absence, any deputy coroner, under division (E) of
section 2108.02 of the Revised Code, may waive his paramount right to any
donated part of the dead body. B.
Objection
To Performance of Autopsy O.R.C.
Section 313.131(c) Except
as provided in division (F) of this section, if a relative or friend of
the deceased person informs the coroner that an autopsy is contrary to the
deceased person’s religious beliefs, or the coroner otherwise has reason
to believe that an autopsy is contrary to the deceased person’s
religious beliefs, and the coroner concludes the autopsy is compelling
public necessity, no autopsy shall be performed for forty-eight hours
after the coroner takes charge of the deceased person.
An autopsy is compelling public necessity if it is necessary to the
conduct of an investigation by law enforcement officials of a homicide or
suspected homicide, or any other criminal investigation, or is necessary
to establish the cause of the deceased person’s death for the purpose of
protecting against an immediate and substantial threat to the public
health. C.
Consent
Autopsy If
an autopsy is not ordered by the Coroner in these same categories of cases
reportable to the Coroner, the body will be released to the family.
Thereafter, the post-mortem examination may be performed by a
hospital or private pathologist with the written consent of the immediate
next of kin, as provided in: SECTIONS
2108.50, 2108.51 and 2108.52, O.R.C. O.R.C.
2108.50 – Post-mortem examination; persons who may give consent. (A)
Subject
to section 2108.521 of the Revised Code, an autopsy or post-mortem
examination may be performed upon the body of a deceased person by a
licensed physician or surgeon if consent has been given in the order named
by one of the following persons of sound mind and eighteen years of age or
older in a written instrument executed by him or on his behalf as his
express direction:
(1)
The
deceased person during the deceased person’s lifetime;
(2)
The
decedent’s spouse;
(3)
If
there is no living spouse, if the address of the surviving spouse is
unknown or outside the United States, if the surviving spouse is
physically or mentally unable or incapable of giving consent, or if the
deceased person was separated and living apart from such surviving spouse,
then a person having the first named degree of relationship in the
following list in which a relative of the deceased person survives and is
physically and mentally able and capable of giving consent may execute
consent:
(a)
children;
(b)
parents;
(c)
brothers
or sisters.
(4)
If
there are no surviving persons of any degree of relationship listed in
division (A)(3) of this section, any other relative or person who assumes
custody of the body for burial;
(5)
A
person authorized by written instrument executed by the deceased person to
make arrangements for burial;
(6)
A
person who, at the time of death of the deceased person, was serving as
guardian of the person for the deceased person. (B)
Consent
to an autopsy or post-mortem examination given under this section may be
revoked only by the person executing the consent and in the same manner as
required for execution of consent under the section. (C)
As
used in this section, “written instrument” includes a telegram or
cable gram. O.R.C.
2108.51 – Exemption from Liability Any
licensed physician or surgeon who, in good faith and acting in reliance
upon an instrument of consent for an autopsy or post-mortem examination
executed under section 2108.05 of the Revised Code and without actual
knowledge of revocation of such consent, performs an autopsy or
post-mortem examination is not liable in a civil or criminal action
brought against him for such act. O.R.C.
2108.52 – Exceptions to requirement of consent for post-mortem
examination The
requirements of section 2108.50 of the Revised Code do not apply to a
post-mortem or other examination performed under sections 313.01 to 313.22
of the Revised Code, or to medical, surgical and anatomical study
performed under sections 1713.34 to 1713.42 of the Revised Code. III.
Requirement
to Report Deaths to Coroner A.
O.R.C.
Section 313.11, Prohibit disturbance of bodies 1.
No
person, without an order from the coroner, any deputy coroner, or an
investigator or other person designated by the coroner as having the
authority to issue an order under this section, shall purposely remove or
disturb the body of any person who has died in the manner described in
section 313.12 of the Revised Code, or purposely and without such an order
disturb the clothing or any article upon or near such a body or any of the
possessions that the coroner has a duty to store under section 313.14 of
the Revised Code. 2.
It
is an affirmative defense to a charge under this section that the offender
attempted in good faith to rescue or administer life-preserving assistance
to the deceased person, even though it is established he was dead at the
time of the attempted rescue or assistance. 3.
Whoever
violates this section is guilty of unlawfully disturbing a body, a
misdemeanor of the fourth degree. B.
O.R.C.
Section 313.12, Notice to coroner of violent, suspicious, unusual or
sudden death of any death of a mentally retarded or developmentally
disabled person. When
any person dies as a result of criminal or other violent means, by
casualty, by suicide, or in any suspicious or unusual manner, when any
person, including a child under two years of age, dies suddenly when in
apparent good health, or when any mentally retarded person or
developmentally disable person dies regardless of the circumstances, the
physician called in attendance, or any member of an ambulance service,
emergency squad, or law enforcement agency who obtains knowledge thereof
arising from the person’s duties, shall immediately notify the office of
the coroner of the known facts concerning the time, place, manner, and
circumstances of the death, and any other information that is required
pursuant to sections 313.01 to 313.22 of the Revised Code.
In such cases, if a request is made for cremation, the funeral
director called in attendance shall immediately notify the coroner. As
used in this section, “mentally retarded person” and
“developmentally disabled person” have the same meanings as in section
5123.01 of the Revised Code. C.
1947
OAG Opinion No. 1723 In
case of death of any person in a hospital resulting from accident, it is
the duty of physician in charge and of any other person having knowledge
of fact, immediately to notify the Coroner of death, and of time, place,
manner and circumstances thereof. IV.
Geographic
Jurisdiction of Coroner A.
In
Opinion No. 1204 of 1964,
the Attorney General held that, “it is the duty and obligation of the
coroner of the county in B.
In
1963 OAG No. 470,
it was held that, “1. Where death results in one county from casualty or
suspicious circumstances occurring in another county, the coroner within
whose jurisdiction the injury-causing death occurred is authorized to
conduct the inquest, and the inquest must be held in that county. V.
Pronouncement
of Death A.
(A)
For
purposes of this rule, a “physician” refers to an individual holding a
current certificate to practice medicine and surgery or osteopathic
medicine and surgery. (B)
Only
an individual holding a current certificate to practice medicine and
surgery or osteopathic medicine and surgery issued under section 4731.14
of the Revised Code, a training certificate issued under section 4731.291
of the Revised Code, a visiting medical faculty certificate issued under
4731.293 of the Revised Code or a special activities certificate issued
under section 4731.294 of the Ohio Revised Code, in Ohio can pronounce a
person dead. (C)
An
individual as defined in paragraph (A) of this rule may pronounce a person
dead without personally examining the body of the deceased only if a
competent observer has recited the facts of the deceased’s present
medical condition to the physician and the physician is satisfied that
death has occurred. (D) For purposes of this rule a competent observer shall mean:
(1)
A
registered nurse holding a current license issued under Chapter 4723 of
the Revised Code;
(2)
A
licensed practical nurse holding a current license issued under Chapter
4723 of the Revised Code;
(3)
An
EMT-B holding a certificate pursuant to section 4765.30 of the Revised
Code;
(4)
An
EMT-1 holding a certificate pursuant to section 4765.30 of the Revised
Code;
(5)
A
paramedic holding a certificate pursuant to section 4765.30 of the Revised
Code;
(6)
A
physician assistant holding a current certificate issued under Chapter
4734 of the Revised Code;
(7)
A
chiropractor holding a current certificate issued under Chapter 4734 of
the Revised Code;
(8)
An
individual authorized to pronounce a person dead under section (B) of this
rule or a person holding a current certificate to practice podiatric
medicine and surgery in Section
4751.053 of the Ohio Administrative Code states the state medical
board shall adopt rules and establish the standards to be met and
procedures to be followed by a physician with respect to the physician’s
delegation of the performance of a medical task.
The rules shall be adopted in accordance with Chapter 119 of the
Revised Code and shall include a coroner’s investigator among the
individuals who are competent to recite the facts of a deceased person’s
medical condition to a physician so that a physician may pronounce the
person dead without personally examining the body. VI.
Donation
or Gift of Body or Parts Thereof, After Death A.
O.R.C.
Section 2108.02, Who may make anatomical gift; refusal by donee;
examination of gift; rights of donee. (A)
Any
individual of sound mind may make an anatomical gift for any purpose
specified in section 2108.03 of the Revised Code, the anatomical gift to
take effect upon the individual’s death, if either of the following
conditions applies:
(1)
The
individual is eighteen years of age or more;
(2)
The
individual is less than eighteen years of age and a parent or guardian of
the individual signs a document pursuant to division (B)(2) or a statement
pursuant to division (C) of section 2108.04 of the Revised Code. (B)
Any
of the following persons, in the order of priority stated, when persons in
prior classes are not available at the time of death, and in the absence
of actual notice of contrary indications by the decedent or actual notice
of opposition by a member of the same of a prior class, may make an
anatomical gift of all or any part of the body of a decedent for any
purpose specified in section 2108.03 of the Revised Code:
(1)
The
spouse;
(2)
An
adult son or daughter;
(3)
Either
parent;
(4)
An
adult brother or sister;
(5)
A
grandparent;
(6)
A
guardian of the person of the decedent at the time of the decedent’s
death;
(7)
Any
other person authorized or under obligation to dispose of the body. (C)
The
donee shall not accept the anatomical gift of the donee has actual notice
of contrary indications by the decedent or if the anatomical gift is made
pursuant to division (B) of this section and that an anatomical gift by a
member of a class is opposed by a member of the same or a prior class.
The persons authorized in division (B) of this section may make the
anatomical gift after or immediately before death. (D)
An
anatomical gift authorized any examination necessary to ensure medical
acceptability of the anatomical gift for the purpose intended. (E)
The
rights of the donee created by the anatomical gift are paramount to the
rights of others except that a coroner or, in the coroner’s absence, a
deputy coroner, who has, under section 313.13 of the Revised Code, taken
charge of the decedent’s dead body and decided that an autopsy is
necessary, has a right to the dead body and any part that is paramount to
the rights of the donee. The
coroner, or in the coroner’s absence, the deputy coroner, may waive this
paramount right and permit the donee to take a donated part if the donated
part is or will be unnecessary for successful completion of the autopsy or
for evidence. If the coroner
or deputy coroner does not waive this paramount right and later
determines, while performing the autopsy, that the donated part is or will
be unnecessary for successful completion of the autopsy or for evidence,
the coroner or deputy coroner may thereupon waive the paramount right and
permit the donee to take the donated part, either during the autopsy or
after it is completed. (F)
The
donee has a property right in an anatomical gift donated pursuant to
sections 2108.02 and 2108.04 of the Revised Code and may enforce this
right in an action for a declaratory judgment under Chapter 2721 of the
Revised Code in the common pleas court of the county where the donor last
resided or died or the county where the donee resides.
The court shall give such action precedence over the other pending
actions. (G)
Nothing
in this section shall be construed as requiring a donee to accept an
anatomical gift. B.
O.R.C.
Section 2108.03, Who may become donees. The
following may become donees of anatomical gifts for the purposes stated: (A)
A
hospital, surgeon, physician, or recovery agency, for transplantation,
therapy, medical or dental education, research, or advancement of medical
and dental science; (B)
An
accredited medical or dental school, college, or university, for
education, research, or advancement of medical or dental science.
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