Autopsy should be carried out within 48 hours after the death of the patient, and it can be extended to 7 days if it meets the requirements of cryopreservation of the corpse. What needs to be emphasized here is that medical disputes are civil cases, and the forensic department of the public security organ does not intervene, so the autopsy is carried out in the pathological anatomy room of the medical college, so the autopsy must go beyond the medical college system affiliated to the hospital itself to ensure its fairness.
Second, in the case of the patient's death, who applied for an autopsy?
If there is any objection to the cause of death, the dissenting party shall apply for an autopsy. However, it is uncertain about the treatment of the cause of death, and it does not stipulate which party should be applied. According to the requirement of the inversion of burden of proof in the rules of civil evidence, the hospital should apply for autopsy, and the family members of the patient can't refuse, otherwise they will bear the legal responsibility of failing to provide evidence.
3. What identification can I apply for at the same time of autopsy?
In some suspected cases of nurse's medication error, it is necessary to take blood samples from the deceased, and at the same time, conduct toxicological identification, and analyze the spectral waveform of the drug components prescribed by the doctor's advice in the deceased.
Fourth, whether the family members can be present at the autopsy.
In order to ensure the fairness of the autopsy process, family members can be present. However, considering that family members are often not medical professionals, it is difficult to make a professional judgment on whether the process conforms to the medical autopsy procedure, and the particularity of the autopsy site makes their feelings unbearable, it is suggested that family members can appoint doctors, friends or medical lawyers to observe the autopsy process.
Five, after the autopsy family should pay attention to what matters:
Before the autopsy report comes out, the family members should ask the autopsy department in writing not to destroy the organ specimens of the deceased and pay attention to proper preservation. If you are not satisfied with the autopsy conclusion in the future, your family members can also apply for a review.
Legal basis: Provisions on Procedures of Public Security Organs Handling Criminal Cases
Article 56 All materials that can prove the facts of a case are evidence.
Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of the criminal suspect;
(6) Appraisal opinions;
(7) Records of inquest, inspection, investigation, experiment, search, seizure, sealing up, extraction and appraisal;
(8) Audio-visual materials and electronic data.
The evidence must be verified before it can be used as the basis for determining the facts of the case.
Article 256 Where technical investigation measures are needed, an application report for technical investigation measures shall be made, which shall be approved by the person in charge of the public security organ at or above the municipal level with districts, and a decision on technical investigation measures shall be made.
If the people's procuratorate and other departments decide to take technical investigation measures and hand them over to the public security organs for execution, the public security organs at or above the municipal level with districts shall go through the relevant procedures in accordance with the provisions and hand them over to the departments responsible for technical investigation for execution, and notify the people's procuratorate and other departments of the implementation.