Current location - Quotes Website - Signature design - Is it a legal procedure for a person who died in a car accident to have an autopsy?
Is it a legal procedure for a person who died in a car accident to have an autopsy?
Legal analysis: according to the law, accidental death does not require autopsy, but only requires the consent of the relatives of the deceased. 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.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents

Forty-ninth need inspection and appraisal, the traffic administrative department of the public security organ shall, in accordance with the provisions, entrust a qualified appraisal institution to conduct inspection and appraisal within three days from the date of the end of the accident site investigation.

Article 52 The autopsy shall not be conducted in public. If an autopsy is necessary to determine the cause of death, the consent of the family members of the deceased shall be obtained. If the family members of the deceased do not agree to the autopsy, with the approval of the person in charge of the traffic management department of the public security organ at or above the county level or the public security organ at the next higher level, the body may be dissected, and the family members of the deceased shall be notified to be present, and the family members of the deceased shall sign the notice of autopsy. If the family of the deceased refuses to be present or refuses to sign without justifiable reasons, the traffic police shall indicate it on the notice of autopsy. If the unidentified body cannot be notified to the family of the deceased, it shall be recorded.

Article 53 After the autopsy report is confirmed, the family members of the deceased shall be notified in writing to handle funeral matters within 10 days. If the case is not handled within the time limit without justifiable reasons, it shall be filed and approved by the traffic management department of the public security organ at or above the county level or the person in charge of the public security organ at the next higher level. The public security organ or the traffic administrative department of the public security organ at the next higher level shall dispose of the corpse, and the expenses for overdue storage shall be borne by the family members of the deceased. If there are no family members, their families are unknown or due to force majeure such as natural disasters, and their families refuse to take them back, they can be handled in time with the approval of the traffic management department of the public security organ at or above the county level or the person in charge of the public security organ at the next higher level. For unidentified bodies, the forensic doctor will extract personal identification materials. After taking photos of the bodies and collecting relevant information, the traffic management department of the public security organ will fill in the information registration form of unidentified bodies and publish a notice of corpse recognition in newspapers above the municipal level. If it is still unclaimed after 30 days of publication, it can be handled in time with the approval of the traffic management department of the public security organ at or above the county level or the person in charge of the public security organ at the next higher level. Due to religious customs and other reasons, there is a special need for the time limit for corpse disposal, which can be handled urgently with the approval of the traffic management department of the public security organ at or above the county level or the person in charge of the public security organ at the next higher level.