Private autopsie and police

[Miadora]

What is the name of your state (only U.S. law)? NJ. I am waiting for autopsy results on my dad, police ruled his deatth not suspicious but I found out things later that didn't seem right so I ordered a private autopsy. While I am waiting for full results, are police allowed to contact my med. examiner ? I am afraid they may try to influence the report. They said they contacted the prosecutor but I don't even know the relevancy or consequence of that.
Thanks

 

[FlyingRon]

HIPAA doesn't apply to examinations on dead people. The police are free to talk to the doctor performing the private autopsy.

 

[CTU]

A second autopsy may actually provide the police with more to hand over to the DA. It's not automatically a bad thing.

(Unless the loved one died while incarcerated ... in which case, you need an attorney anyway)

 

[CdwJava]

Even if the private autopsy uncovers some potentially suspicious circumstances, that does not mean that a crime has been committed. Sadly, many people suspect foul play in the death of a loved one, and far too often that is simply not the case.

Even if the private examiner uncovers something suspicious, the police may not be compelled to act on it. They CAN, but, they do not have to. However, those results MAY be able to be used in any civil suit against someone who negligently or maliciously contributed to the death. Maybe.

Lots of maybes here. Hopefully the family has an attorney to help guide them through this process.

 

[Miadora]

I guess the doctor lied to me then. He practically swore that he would only speak to me first about the results. And that he would not be allowed to speak to until talking to me about results. Are you sure it's legal for police to contact doctor while I'm waiting for results? There was a suspicious gash on his head that police did not see when they ruled it natural and missing bank card and money.

 

[FlyingRon]

The police are generally allowed to talk to anybody. The doctor appears allowed here to talk to the police or not at his discretion (no law requires him to nor does it bar him from doing so).

What bank cards and money?

 

[CdwJava]

I guess the doctor lied to me then. He practically swore that he would only speak to me first about the results.

Well, the police cannot force him to speak to them absent a court order. So, he really didn't lie. But, the police can ASK him anything they want. He just doesn't necessarily have to answer them.

Of course, if you want any hope of a criminal investigation, they will have to have access to him or there will be zero chance of any such investigation.

And that he would not be allowed to speak to until talking to me about results. Are you sure it's legal for police to contact doctor while I'm waiting for results? There was a suspicious gash on his head that police did not see when they ruled it natural and missing bank card and money.

A "suspicious gash" can be anything. I'm not going to speculate, because I was not there. But, a fall can create a gash, and the fact that he may not have had a bank card or money on him could be from reasons other than a robbery.

Was an autopsy done at the outset? Was he under a doctor's care for any illness? While the laws vary by state, in general, if someone dies and there is no physician willing to sign a death certificate (i.e. to assert that the death was from natural causes or as a result of an illness for which he was being treated), then an autopsy is usually automatic.

 

[CdwJava]

I don't want to get into details on computer, but I guess I got my answer even though I don't like it. Does it ever happen that police or prosecutors office will try to influence an autopsy finding ? Has the ever happened and if so is it common ?

Has it EVER happened? Sure. Probably. But, different states have different rules. There is no uniform national practice or policy for autopsies and death regulations. I suspect if the pathologist is working for you, he will not speak to the police until you give him permission to do so.

 

[Miadora]

He had no heart condition other than high cholesterol . Pretty healthy except for nerapathy in legs which he was treated chronically with zanex (only drug that seemed to work) His doctor once told me that he has developed a depndemcy on it.

 

[CdwJava]

He had no heart condition other than high cholesterol . Pretty healthy except for nerapathy in legs which he was treated chronically with zanex (only drug that seemed to work) His doctor once told me that he has developed a depndemcy on it.

That doesn't mean that the death was in any way the result of a criminal or negligent act. People die every day from undiagnosed complications.

Since the POLICE do not decide the cause of death, what did the local coroner say was the cause of death? Did they do an autopsy? If no autopsy was done, who signed the death certificate, and was there a doctor that asserted the death was from natural causes?

 

[Miadora]

The police called his doctor Ifrom the scene and got him to ok the natural . I had an autopsy done a week later because I was alerted by funeral that he had a fresh gash on his head.

 

[CdwJava]

The police called his doctor Ifrom the scene and got him to ok the natural . I had an autopsy done a week later because I was alerted by funeral that he had a fresh gash on his head.

Well, you'll have to wait until you get the results from the private autopsy before you can do anything. Even then, your forensic pathologist can submit his report to the police and make himself available for questions, but you cannot force them to investigate. A gash MAY be a sign of an assault, or, it may be incidental to a fall that was accidental or as a result of whatever ailment struck him.

You may be able to find out your options here:

http://www.nj.gov/oag/dcj/medicalexaminer/

 

[Miadora]

What is next step if police don't open homocide invest. , lawyer or private investigator or another autopsy ?

 

[Miadora]

Police seem to be focusing on trying to prove that they were correct from outset. They even tried to blame gash on body movers or funeral parlor. I just know something suspicious happened but no one will help. I thought once I gave them info about gash and theft and broken glasses and pillow on floor near head, they would just turn it into a possible homocide investigation but I guess that's not how it works. They will do anything to not have to.

 

[Shadowbunny]

Police seem to be focusing on trying to prove that they were correct from outset. They even tried to blame gash on body movers or funeral parlor. I just know something suspicious happened but no one will help. I thought once I gave them info about gash and theft and broken glasses and pillow on floor near head, they would just turn it into a possible homocide investigation but I guess that's not how it works. They will do anything to not have to.

First, I've very sorry for your loss. Second, what would the police gain from not investigating?