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Autopsy

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spiderjohn

Junior Member
Hi, I live in Kentucky. I would like to know what a person has to do to be sure an autopsy will not be done in the event of death. I do not want an autopsy performed on me when I pass but I fear they will do it anyway. Do I have any rights in this area? Thank you so much for any help. ~Rick
 


nextwife

Senior Member
Hi, I live in Kentucky. I would like to know what a person has to do to be sure an autopsy will not be done in the event of death. I do not want an autopsy performed on me when I pass but I fear they will do it anyway. Do I have any rights in this area? Thank you so much for any help. ~Rick
The law mandates that death under certain circumstances MUST be autopsied. If your death occurs in a way that is suspicious, or is accidental and might result in litigation or criminal charges, I do not believe anyone else can dictate whether an autopsy be performed. As you cannot know how for certain you will die, you cannot absolutely control whether an autopsy is done.
 

spiderjohn

Junior Member
Thanks, NextWife (what became of prev..never mind)

Thank you for your response. I understand what you say to a point; I understand that if I am found in bed, deceased, and my wife says I just went to bed and didn't wake up...but there are strange bruises or marks on my body- But, isn't there a set of rights for the deceased if chosen ahead of time. In other words; I seemed relatively healthy but after a short illness, I passed away. No reason really to suspect foul play. I, while alive, had contemplated such a possibility, and had CHOSEN to not have my death investigated. No life insurance policy is involved. Under such a scenario, do I not have a right to not have my body carved up to satisfy the curiosity of those merely curious? Are you telling me that a person has absolutely no right to what becomes of his body upon his death?
I guess then the best a person can do is go to the coronor or examiner in their jurisdiction and request that if they pass, no autopsy be performed and hope for the best. It just seems to me that a persons rights regarding their body should not cease upon their expiration. That legal provisions should be made. Pardon my ignorance of the law. Thanks, again~Rick
 

FlyingRon

Senior Member
Your best bet is to place such information in an advance directive (either a will or other specific declaration). In addition make all your next of kins who may be handling those arrangements aware of your desires and where the documents officially expressing those desires.
 

spiderjohn

Junior Member
Thank you

Thanks for the response. My mother died of a prolonged illness when she was fifty-six. She always pleaded with her family, "please don't bury me. I don't want to go in the ground." I was half a continent away when she died. When I returned immediately for the funeral, my father and brother had made all the arrangements for the burial. I've always thought it very sad that she had no control over her remains. I realize there is more she could have done, but some people are very simple and unaware of their options or they just put it off. So probably will I. I do not have a lawyer and do not know of a specific directive or how to generate one. I wish I could just go to a courthouse, ask for the "upon my death" form, fill it out in ten minutes and turn it in. As long as I'm wishing, about that schooner.....
 

seniorjudge

Senior Member
http://coroners.ky.gov/faq.htm

There is nothing you can do, say, sign, etc. to prevent an autopsy (if necessary).

http://coroners.ky.gov/faq.htm
 

You Are Guilty

Senior Member
Not that I disagree with any of the prior responses, but this is an interesting question. I wonder if one could attempt to make some sort of religious argument (i.e. autopsy is against religious beliefs). Normally, one's "rights" die with them, which means this is a non-starter, but barring getting a local law passed to the contrary, may be your best hope.

Good luck.
 

spiderjohn

Junior Member
Thanks, Senior Judge

Thanks for the forward. The good news is that the coroner in KY is an elected official who can be totally clueless to his job, much as the sheriff's in KY. So palms can be greased and a wink, wink here and there. Especially in a poor rural area such as where I live. If I just breeze up to him/her at the local fill and puke and whittle on a stick and say, "hey, Bubba Joe. In case i die, could ya just look the other way, sign the paper and let my woman bury me?" I just might be okay. Of course the bad news is that the coroner can be a clueless, corrupt idiot who got voted in by his buddies. I moved to KY from another state ten years ago and can not even comprehend the degree of corruption in elected law enforcement. My God the stories that can be told. (or not) When I need the law I go to the State Police; never to the locals. There was just a story in the Lex Herald about a sheriff named "Dick" Who ran and won on a slogan "More Dick in 08'" Another a year or two ago whose name happened to be Something Booger had the slogan "Next time, Pick a Booger!" Candidates routinely assinate other candidates. I am a firm believer that Law enforcement officers should never be elected-but I digress....Sorry. Yikes! I just realized you are probably an elected Judge in KY. Nevermind. Backing quietly away from the keyboard...putting down the mouse....
 

xylene

Senior Member
The 'religious' argument has been tried many times.

If the state has a compelling reason to conduct an autopsy, an autopsy will be done.

The state must weigh the rights of the state and the living (to know how someone died) against the deceased's rights (which are comparatively weak anyway.)

The state / living rights almost always trump.
 

spiderjohn

Junior Member
Again, Thanks!

In all seriousness, Thank you all so much for taking time to help me with my querry. Seems the final answer, really, is that they will do whatever they feel necessary regardless of any predisposition anounced prior to rigor. And Kiawah, perhaps in final surrender I could get printed "cut with care" or "be nice when you slice." As for the religous argument, I know many people living communally and everytime one dies in the community, an autopsy is done against the wishes of the others. Kind Regards~Rick
 

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