2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 16 - Coroners
Article 2 - Death Investigations
§ 45-16-28. Performance of Autopsy When Not Required Under Code Section 45-16-24
In the case of death of any person under such circumstances as would not require a medical examiner's inquiry under Code Section 45-16-24, any physician who is duly licensed under the laws of this state or any other state having licensing requirements equal to or greater than those imposed by this state shall be deemed to have been legally authorized to perform an autopsy upon the body of a deceased person when such autopsy has been consented to by the person assuming custody of the body for the purposes of burial, such as the husband, wife, father, mother, child, guardian, next of kin, or, in the absence of any of the foregoing, a friend of such deceased person charged by law with the responsibility of burial. If two or more of such persons assume custody of the body, the consent of one of them shall be deemed sufficient legal authorization for the performance of the autopsy.
(Ga. L. 1953, Jan.-Feb. Sess., p. 602, § 6; Ga. L. 1990, p. 1735, § 3.)
OPINIONS OF THE ATTORNEY GENERAL
Authority to perform autopsy.
- It would be unwise to undertake an examination of the head or other parts of the body without complete authority to do so, especially in those cases in which the autopsy is not necessary to discover the cause of death or it is definitely known that the cause of death arose from a condition existing in some part of the body other than the head; it would be sufficient if the family of the deceased authorized a post-mortem examination including an examination of all areas of the body. 1958-59 Op. Att'y Gen. p. 295.
Autopsies on prison inmates.- There is no provision for, nor is there any reason for, the warden of the Georgia State Prison to become involved in the granting of permission to physicians to perform autopsies upon the bodies of prison inmates who die at a hospital. 1967 Op. Att'y Gen. No. 67-445.
Neither notice nor permission required.- There is no requirement that notice be given to the warden, nor that the warden secure permission for an autopsy from the next of kin. 1967 Op. Att'y Gen. No. 67-445.
RESEARCH REFERENCES
Am. Jur. 2d.
- 18 Am. Jur. 2d, Coroners or Medical Examiners, § 10. 22A Am. Jur. 2d, Dead Bodies, § 41 et seq.
C.J.S.- 18 C.J.S., Coroners, §§ 7, 8. 25A C.J.S., Dead Bodies, § 8 et seq.
ALR.- Liability for wrongful autopsy, 18 A.L.R.4th 858.
