Medical Examiner

What is a Medical Examiner?
Why is an Investigation Necessary?
What Happens During an Investigation?
What is an Autopsy?
When is an Autopsy Necessary?
Why is an Autopsy Performed?
Permission for Autopsy?
Permission for Organ Donation?
What is "Legal" Identification?
When is the Body Released for Burial?
What Happens to the Property?
Geographic Jurisdiction
Why do Results Take 30-60 Days?
Why do SIDS Cases Take Even Longer?
Are Reports Available to Families?
Is there a charge to Families?

Visit the Medical Examiner's Web Site
 
What is a Medical Examiner?  
The Medical Examiner is a forensically trained physician, appointed by the Volusia County Government, to investigate violent, suspicious or unnatural deaths. Seminole County contracts with Volusia County Government to provide comprehensive Medical Examiner services.  The Medical Examiner has a duty to determine objectively the cause and manner of death in such cases and is assisted by medical examiner investigators and law enforcement personnel.

The Medical Examiner's Office acts independently, but in cooperation with the community, to provide forensic services for Seminole and Volusia counties in accordance with Florida Statutes #406 and The Florida Administrative Code 11G-2.
 
Why is an Investigation Necessary?  
In the case of unexpected or violent (non-natural) death the attending physician cannot legally sign a death certificate.  Investigation is necessary to determine the cause and manner of death and establish the identity of the deceased before a Medical Examiner can sign the death certificate.

As the last voice for the deceased, the Medical Examiner can uncover hidden evidence of injury to explain a sudden death or can document natural diseases to show that no foul play was involved in the death.  Families of the deceased person rely on the Medical Examiner's determination to settle disputed issues in civil matters such as accident versus suicide or natural death. The offices of State Attorney, Public Defender and private attorneys rely on the Medical Examiner's determination to resolve issues of guilt or innocence. All persons rely on the Medical Examiner's determination in the pursuit of justice on behalf of the deceased person.
 
What Happens During an Investigation? 
The Medical Examiner is responsible for the body of the deceased. It may not be touched or moved, except for lifesaving efforts, without permission. The Medical Examiner and an investigator respond to every homicide and suspicious death scene before the body is taken to the office for investigation. Non-suspicious deaths are brought in by a contracted transport company without scene visitation.
 
What is an Autopsy?  
An autopsy is an intricate medical procedure often requiring complex laboratory tests. It includes removal and inspection of all major organ systems for the purpose of documenting injury, disease or the lack thereof. An autopsy does NOT interfere with the final viewing and funeral of the deceased. Funeral directors prepare a body after autopsy according to the wishes of the family.
 
When is an Autopsy Necessary?  
A complete autopsy is required in any traumatic or violent death (gunshot, stab, electrocution, burn, poison, fall, drowning, starvation, suffocation, strangulation, etc.), any police custody death, suspected suicide or drug overdose and in most cases of child death. Investigation or autopsy is necessary in all traumatic deaths regardless of the duration of survival or hospitalization of the injured person if no complete recovery was made after the injury .

An autopsy is not normally performed when the death appears to be from natural causes, adequate medical history exists, and the person is over the age of 50 with no indications of foul play. The Medical Examiner often receives such cases only because the attending physician is not in Florida and cannot sign a Florida death certificate or the person has never been to a physician.
 
Why is an Autopsy Performed?  
Autopsy results document the condition of the body at the time of death. This vital information helps families file insurance claims especially when a distinction must be made between "natural" and "accidental" death. Often insurance policies are written to provide double or triple payment if the death was due to accident and not due to natural causes.  Autopsy results assist the legal system in establishing material facts in homicide cases thus protecting the final rights of the deceased and his or her surviving family. Autopsy results serve to answer part of the puzzle of suicide cases which must involve investigation of all the circumstances surrounding the death.

Permission for Autopsy?  
The Medical Examiner does not require permission from next-of-kin for an autopsy. Religious objections to autopsy are handled with counseling on a case by case basis when the rights of the deceased might be compromised by not performing the autopsy.   Family permission for a hospital autopsy in questionable cases should not be requested until after the Medical Examiner has declined jurisdiction.

Permission for Organ Donation? 
Only the next-of-kin may grant permission for organ or tissue donation. Normally this is requested by the organ procurement agency only after the Medical Examiner has either declined jurisdiction or has accepted and determined that donation may proceed without compromising the duties of the Medical Examiner. In possible child abuse deaths and certain homicide cases Medical Examiner approval may be denied to protect the rights of the deceased.

What is "Legal" Identification? 
In every death which might result in criminal charges (homicide, DUI, etc.) a legal identification of the deceased is necessary. This identification is done by an acquaintance who is not related to the deceased and who has known him or her for one year. Relatives are not used so that later court proceedings are not overturned on a "technicality" of having emotionally distraught family members influencing a jury decision.

When is the Body Released for Burial? 
Every effort is made to complete an investigation rapidly and efficiently so that the family can proceed with final arrangements. Most cases are released the same day or the day after the body is received. Homicide cases and those requiring legal identification may be delayed until all questions have been answered.

What Happens to the Property? 
Personal effects with the body are inventoried and released with the body to the funeral home for return to the family except in homicide cases where the effects may be evidence and are turned over to law enforcement.

Geographic Jurisdiction: The place where the dead body is found or is brought ashore determines the geographic jurisdiction. District Seven covers only Volusia County and District 24 covers Seminole County. Note: The location of the initial injury has no bearing such as when a body is flown by helicopter from one county to another and dies in the second county.  Death must be investigated by the Medical Examiner whenever a person dies:

1. of criminal violence.
2. by accident
3. by suicide
4. suddenly, when in apparent good health,
5. unattended by a practicing physician,
6. in any prison or penal institution
7. in police custody
8. in any suspicious or unusual circumstance
9. by criminal abortion
10. by poison
11. by disease constituting a threat to public health
12. by disease, injury, or toxic agent resulting from employment.

Note that there is no "24 hour rule" in Florida. The mere fact that a person died within a brief time of admission to a hospital does NOT automatically make it a Medical Examiner case. The case must be reported but it is a Medical Examiner case only if it falls under one of the 12 categories in FS 406.
Whenever there is doubt about Medical Examiner jurisdiction, please call the office 24 hours a day and we will assist in the determination.
 
Why do Results Take 30-60 Days?  
An autopsy involves more than just the physical procedures on the body. It also involves laboratory testing for drugs and alcohol or microscopic examination of tissues. In some cases additional tests are required after the first results are received. The report is finalized when all test results are available to reach a reasonable medical certainty about the cause and manner of death.
 
Why do SIDS Cases Take Even Longer?  
SIDS (Sudden Infant Death Syndrome) is defined as the sudden death of an infant under one year of age which remains unexplained after a thorough case investigation including a complete autopsy, examination of the scene and a review of the clinical history. In other words, after the Medical Examiner rules out every other possible cause, a finding of SIDS can be rendered. All SIDS deaths are referred to the local Health Department for family follow-up contact and grief counseling.
 
Are Reports Available to Families? 
Medical Examiner autopsy reports are automatically sent to the State Attorney's Office, the investigating agency, and hospital (if any) on each case. Medical Examiner files are public records and any person may obtain a copy on request.
 
Is there a charge to Families?  
There is no charge to any person for a medical examiner investigation or autopsy. Copies of autopsy reports are provided free. Persons requesting a copy by mail should send a self-addressed business envelope with postage for 2 ounces (because of the number of pages) and the report will be mailed out automatically when it is finalized.   Requests for records other than autopsy reports are charged at reasonable duplication costs. Records are not available for cases under active criminal investigation or which are still pending test results and not yet finalized.