1, autopsy should be approved by family members first.
2, autopsy results, family members have the right to know.
3, the investigation stage, if you encounter difficulties, can be extended.
4. If the public security organ does not act, it can complain to the public security supervision department.
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. 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. 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.
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.
legal ground
Article 18 of the Regulations on Handling Medical Accidents
If the patient dies and neither doctor nor patient can determine the cause of death or disagree with it, an autopsy shall be conducted within 48 hours after the death of the patient; It can be extended to 7 days if it meets the requirements for cryopreservation of corpses. Autopsy shall be approved and signed by the close relatives of the deceased.
Autopsy should be carried out by pathological anatomy institutions and professional and technical personnel who have obtained corresponding qualifications in accordance with relevant state regulations. Institutions undertaking autopsy tasks and professional technicians of pathological anatomy have the obligation to conduct autopsy.
Both parties to the medical malpractice dispute may invite forensic doctors to participate in the autopsy, or designate representatives to observe the autopsy process. If the autopsy is refused or delayed for more than the specified time, which affects the determination of the cause of death, the party who refuses or delays shall bear the responsibility.