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Autopsy Medicolegal Autopsy

The application of medicine in the administration of


justice began long before medicine started to develop
Historical Overview into a modern science. The medicolegal investigation
of deaths was introduced very early from the require-
Anatomical Dissection ments of the judicial system as it was of interest to
the society to know whether a person had died as a
The knowledge of the early history of human result of violence or due to natural causes. The oldest
anatomy is scanty and the possibility to dissect human known instructions by the authorities about external
bodies varied greatly at times. Very early Indian examination of corpses have been found in China
medical literature indicates a knowledge of anatomy and dated to the Ching dynasty (∼2000 B.C.). Dur-
that may have been acquired by dissecting bodies of ing Song dynasty (960–1279 A.D.), a decree enacted
young children as the Hindu scriptures enjoined that in 995 A.D., provided that a government official,
bodies of persons more than two years old had to be though not a physician, had to investigate a violent
burned [1]. or otherwise suspicious death within four hours. It is
The first known school of anatomy was in Alexan- not known whether autopsies were ever performed in
dria around 320 B.C., where human dissections were ancient China [6].
carried out by famous anatomists, such as Herophilus The earliest medicolegal autopsies took place in
of Chalcedon (335–280 B.C.) and Erasistratus of Italy, probably in the middle of the thirteenth century,
Iulis (c. 310–250 B.C.) to determine the normal at the University of Bologna. One was recorded by
structure of organs and the changes made by dis- Guglielmo de Placentinus Saliceto, or by William
ease [2]. of Saliceto (1210–1276 or 1277), a surgeon and a
According to several reports, occasional “autop- teacher, on the medical faculty there and is mentioned
sies” were performed already in the twelfth and thir- in his book Surgery [7]. Whether this really was an
teenth centuries. The English chronicle by William autopsy or just an external examination of the corpse,
of Malmesbury (c. 1080/1095-c.1143) mentions one is questionable. Some authors have attributed the first
ordered by the Norwegian King Sigurd Jorsalfar medicolegal autopsy to Bartolomeo da Varignana,
(1090–1130) in 1111, while stopping in Byzantium who, in addition to his professional and academic
(present Istanbul) on his return from Jerusalem, to activities, served the municipality of Bologna in
find out whether the cause of death of many of his fol- a medicolegal capacity. The public prosecutor had
lowers had been liver damage by too strong wine [3]. ordered an autopsy in 1302 in a case suspected of
In 1391, King John I of Aragon gave the Uni- having died due to poisoning [8, 9].
versity of Lérida in Spain the permission to dissect, According to O’Neill, medical historians have
once every 3 years, the body of a criminal. In Vienna long agreed that the fundamental motive for the
the first anatomical dissection took place in 1404, in initiation of academic dissections in Western Europe
Prague somewhat later in 1460 and at the University was forensic. The decretals of Pope Innocent III
of Paris in 1478 [4]. contain several cases in which such examinations had
The first known postmortem examination on the provided the evidential basis for a papal verdict [8].
American continent was performed in Hispaniola in In Europe the principles of medicolegal investiga-
1533 and recorded by Fernandez de Oviedo in his tion of deaths were developed on the basis of the
General and Natural History of the Indies [5]. criminal codes of the sixteenth century: the Bam-
The publication of the great textbook of anatomy berg Code in 1507, compiled by Johann Freiherr von
De Humani Corporis Fabrica in 1543 by Andreas Schwarzenberg and which was soon adopted by a
Vesalius (1514–1564), the “father of anatomy”, number of other German states. These along with
marked the beginning of an overthrow of traditional the best known criminal statutes in Europe, Constitu-
Galenic anatomy and theories, although it took more tio Criminalis Carolina, the Caroline Code of 1532,
than 300 years until the new concepts of pathogene- obliged the courts to use medical expertise in certain
sis of diseases and cellular pathology started to take medicolegal issues such as abortion, bodily harm,
over from the old school of thought. homicide, or medical malpractice.
2 Autopsy

The “father of the Swiss legal medicine” Felix


Platter I (1536–1614) from Basle has been said to
have performed more than 300 autopsies. In France
the first medicolegal autopsy was performed by
Ambroise Paré (1510–1590) in 1562. The autopsy
of King Stephen Báthory of Poland in 1586 was
probably the first one performed in the Eastern
Europe [10].
Our knowledge about the old autopsy procedures
is poor and, apart from a few exceptions, detailed
written autopsy reports are relatively recent.
In addition to codification of the principles of
medicolegal investigations, some countries went fur-
ther providing detailed instructions as to the per-
formance of medicolegal autopsy. By far the best
example of this is the Austrian decree of 1855.
The objective of medicolegal investigation of the
deceased and the duty of medicolegal expert has
probably never been defined with such brevity and
clarity than in Section 1 of the Austrian decree. It is Figure 1 Front-page of the Austrian decree on medicole-
noteworthy that it is still valid legislation in Austria. gal investigation of corpses January 28, 1855
“The medicolegal examination of the deceased is
of great importance and therefore it is an imperative However, hospital or clinical autopsy became
duty of the expert, that the examination must be meaningful first after the introduction of modern
carried out with utmost accuracy, as very often, concepts of pathogenesis of diseases by Carl von
the honor, freedom, property, and life of the person Rokitansky (1804–1878) and cellular pathology by
accused of a criminal act, as well as the rule of law, Rudolf Virchow (1821–1902).
depend upon it”. (Authors’ translation of Section 1 Gradually in the beginning of the nineteenth
of the Austrian decree on medicolegal examination century increased attention was paid to the actual
of corpses from January 28, 1855, Figure 1.) autopsy technique. In 1846 Rudolf Virchow, then
The decree gives detailed instructions in 134 para- prosecutor in Berlin, insisted on regularity, method,
graphs for the performance of medicolegal autopsy. and definitive technique. The classical techniques,
The Prussian edict of 1875 is similar but not as which are still in use today are, more or less
detailed as the Austrian one and both of them can, modifications of those introduced by Rokitansky
so far, be considered as the culminating point of leg- (organs are dissected in situ), Virchow (organs are
islation dealing with the performance of medicolegal removed one by one), Ghon (thoracic and cervical
autopsy. organs, abdominal organs, and urogenital system
are removed as organ blocks) and Letulle (cervical,
thoracic, abdominal, and pelvic organs are removed
Clinical Autopsy as one organ block), among others [11].
In 1872 Francis Delafield’s A Handbook of Post-
Early attempts to solve medical problems through mortem Examination and Morbid Anatomy was pub-
autopsies can be found already in the Middle Ages lished in New York and German and English editions
e.g., in the chronicle of Fra Salimbene. He referred of Rudolf Virchow’s book on autopsy technique were
in his description to one dissection performed by an published in 1876.
unnamed Cremonese physician, of a victim of the
malady that swept through the cities of Northern Italy The Present Autopsy
in 1286. Similarly, victims of bubonic plague had
been dissected in Perugia during the outbreak of an There is considerable variation in the types and stan-
epidemic in 1348 [8]. dards of medicolegal systems throughout the world
Autopsy 3

from nonexistent to well-functioning organizations resonance imaging (MRI) clinical autopsy has been
with sophisticated autopsy practices. Generally the shown to have maintained its clinical, educational,
lack of forensic and medicolegal services is a char- and epidemiological value and remained an essential
acteristic of developing countries, usually including a factor in the quality assurance of medical care [13]. In
poor judiciary and educational system, but the aware- spite of this, there has been a progressive decline in
ness of the importance of high standard medicolegal autopsy rates in recent decades in most industrialized
autopsy for the protection of individual rights varies countries on all continents [14–16].
a lot even in industrialized countries due to historical In 1971, the Joint Commission on Accreditation
and/or political reasons. of Hospitals (JCAH) in the United States ended its
Most countries have not provided laws to regulate requirement for minimum rates of autopsy for certifi-
the actual performance of medicolegal autopsies. cation. Until then, a mandatory 20% autopsy rate had
There exist both international recommendations and been required for accreditation of postgraduate train-
national guidelines by the competent authorities or ing. The idea had been that each institution should
professional bodies such as the Royal College of set its own rate but the dropped requirement seems
Pathologists in the United Kingdom or minimum to have had a negative impact on autopsy rates and,
standards by individual forensic institutes. according to an estimate, the national autopsy rate
Various international bodies have been interested of nonforensic deaths may have fallen roughly to
in achieving harmonized and internationally recog- 5% [17].
nized rules concerning the performance of medicole- There are several reasons for this decline and
gal autopsies. In Europe the “Sevilla Working Party the emphasis of contributing factors varies according
on the Harmonization and Standardization of Foren- to the country. Clinicians may be too reliant on
sic Medicine (SWP)” was established in 1985 by the new diagnostic techniques and poorly motivated
Professor Luis Frontela Carrerras of Seville, Spain, to obtain consent from the relatives to perform
carrying out groundwork and collaborating with the an autopsy. Pathologists are less enthusiastic, and
Council of Europe to create minimum standards for owing to low autopsy rates, less experienced to
autopsy protocols. The Minnesota Lawyers Interna- perform autopsies and this task is often delegated to
tional Human Rights Committee had taken the initia- inexperienced trainees. Further factors that probably
tive to draft international standards for the investiga- have contributed to the decline of autopsies are
tion of suspicious deaths, including autopsy. In May fear of malpractice litigation, if errors in clinical
1989, UN Economic and Social Council adopted in judgment are detected, and cost-cutting pressures,
its resolution 1989/1965 “the Principles on the Effec- when autopsies do not produce income [18, 19].
tive Prevention and Investigation of Extralegal, Arbi-
trary, and Summary Executions”, which had been
created by cooperation with intergovernmental and Objectives of Autopsy
nongovernmental organizations. In 1991, the General
Assembly of the United Nations endorsed the Model Autopsy is a detailed systematic external and internal
Autopsy Protocol of the United Nations. SWP’s work examination of a corpse carried out by a pathologist
was continued by the European Council of Legal or one or more medicolegal experts to ascertain
Medicine (ECLM), whose document “Harmonisation the underlying and possible contributing causes of
of the Performance of the Medicolegal Autopsy” was death and, depending on the jurisdiction, also the
adopted by the General Assembly in London in 1995 manner of death. Before the pathologist can begin
and which largely served as basis for the Pan Euro- the examination, he must be sure that he has been
pean, Council of Europe – Recommendation No. authorized to perform the autopsy on that particular
R (99) 3 On the Harmonisation of Medico-Legal body. As infection risks are common in mortuary
Autopsy Rules and Its Explanatory Memorandum, and autopsy may involve also other risks, such as
which was adopted by the Committee of Ministers electrical, chemical, and radiological hazards, these
in February 1999 [12]. must be assessed and necessary health and safety
In spite of the invention of new medical imaging precautions taken. The autopsy and all ancillary
techniques such as computed tomography (CT), mul- investigations must be carried out in compliance
tislice computed tomography (MSCT), or magnetic with the relevant legislation and possible national
4 Autopsy

guidelines in a manner consistent with medical ethics jurisdictions, permission of the next of kin is not
and respecting the dignity of the deceased. required [20–22].
An autopsy is performed to achieve one or more
of the following objectives: Autopsy Techniques
• to identify or record characteristics that may assist The basic technique of autopsy has remained the
in identifying the deceased; same since 1850s but various imaging techniques
• to determine the cause of death or, in the new- such as CT, MSCT, MRI, percutaneous needle biop-
born, whether live birth occurred; sies, or endoscopic techniques have been applied,
• to determine the mode of dying and time of death, either for preautopsy screening purposes, or as so
where necessary and possible; called “minimally invasive autopsy” if full autopsy
• to demonstrate all external and internal abnormal- is not possible.
ities, malformations, and diseases; Both clinical and medicolegal autopsy may
• to detect, describe, and record any external and involve different strategies and techniques depending
internal injuries; on the questions they are expected to answer and
• to obtain samples for any ancillary investigations; pediatric autopsy technique is generally somewhat
• to obtain photographs or retain samples for evi- different from the one in adults. The Royal College
dential or teaching use; of Pathologists (the United Kingdom) has published
• to provide a full written report and expert inter- a set of Guidelines on Autopsy Practice and
pretation of the findings; and scenarios for specific types of death, to facilitate the
• to restore the body to the best possible cosmetic improvement of the standards of autopsy performance
condition before the release. and reporting [23].
In addition to the anatomical dissection, there are The scope of medicolegal autopsy is often broader
basically two main types of autopsy and, although than that of clinical autopsy, with special emphasis
in principle, a single standard should be applicable on all information concerning the circumstances of
to all autopsy examinations, this is not the case in death, often necessitating a visit to and investigation
practice, owing to different traditions and structures of the scene of death. Both types of autopsies should
in education of medical specialists and wide variation consist of full external and internal examination of
in autopsy practices, from partial autopsy to full the body including the dissection and investigation
examination of all body cavities including ancillary of all three body cavities.
investigations such as histology of all major organs,
depending on the country and jurisdiction. The External Examination
The clinical or hospital autopsy must, in most
jurisdictions, be consented by the deceased person, In medicolegal autopsy, the examination of the cloth-
before death, or the next of kin after death. It is ing is often an essential part of the external examina-
usually performed to investigate details of a known tion, whereas in clinical autopsy it is generally not.
disease process, e.g., the exact type or spread of a The description of the body includes age, sex,
malignant disease or the effectiveness of therapy. It build, height, ethnic group and weight, nutritional
can also be performed for medical audit or research state, color of the skin as well as other characteristics
purposes. of the deceased including color of irises and sclerae,
The medicolegal or forensic autopsy necessitates, presence or absence of petechiae; color, length,
owing to legal issues involved, the highest possible density and distribution of hair, or any abnormalities
standards of practice. It is ordered by the compe- such as scars or tattoos. All injuries must be described
tent legal authority (a coroner, a medical examiner, a in detail, measured, and photographed. Postmortem
procurator fiscal, a magistrate, a judge, or the police) changes relating to rigor mortis, hypostasis, and
to investigate sudden unexpected, suspicious, unnat- decomposition should be described in detail. The
ural, or criminal deaths. Also unidentified bodies or examination should be carried out carefully and
deaths occurring in special circumstances such as systematically and include head, neck, trunk, upper
deaths in police custody or during imprisonment are and lower extremities, and the back and description
often subjected to a medicolegal autopsy. In most of all body orifices.
Autopsy 5

The Internal Examination death involving firearms or explosives. Where neck


trauma is suspected, the brain and the organs of the
The state of body cavities includes the description of chest cavity have to be removed prior to the dissec-
the presence of gas (pneumothorax), fluids (effusions tion of the neck, to drain the blood from the area
or exudates), or foreign bodies and the measurement to avoid artifactual bleeding. Postoperative autop-
of their volume, appearance of the internal surfaces, sies may present various problems with medicolegal
and anatomical boundaries as well as location and implications, such as complications of anesthesia,
external appearance of organs. surgical intervention, or postoperative care. However,
The classical autopsy techniques vary mainly in detailed description of these special dissection pro-
the order in which the organs are removed. All organs cedures and techniques is beyond the scope of this
have to be dissected, the outer appearance as well as presentation.
the cut surfaces described and weights recorded. The
hollow organs have to be opened and their content
Autopsy Report
described and measured. All relevant vessels, arteries
and veins as well as ducts have to be dissected. The report is an essential part of the autopsy, but its
All abnormalities must be described by location and structure may vary according to the type of autopsy
size. and sometimes may be limited to a list of postmortem
diagnoses and conclusions as to the causes of death
in the case of a hospital autopsy.
Ancillary Investigations
Medicolegal autopsy reports are usually more
Many pathological processes are not visible to the detailed and structured consisting of a preamble with
naked eye, therefore, postmortem histology is nec- personal particulars of the deceased, with the date,
essary and of great value, not only in confirming time, and place of the autopsy as well as the personal
but also for excluding any pathological changes in data and qualifications of the pathologist and other
a cause of death investigation. As a rule, com- relevant information to the circumstances concerning
plete histological examination of all major organs the autopsy, summary of the background information
is considered an essential part of every postmortem about the deceased, findings of the external, internal
and this principle has been adopted by many and supplementary investigations as well as commen-
guidelines. tary and conclusions with the causes of death and
The need for other ancillary investigations also manner of death depending on the jurisdiction
depends on whether the cause of death has been (usually within noncoronial/medical examiner type of
established with the necessary degree of certainty, medicolegal systems). The report should be unam-
and if not, additional samples may have to be biguous, comprehensive, and intelligible also to the
taken for toxicological or other investigations such nonmedical reader. In addition to the factual, posi-
as bacteriology and virology. For toxicology this tive and negative gross, microscopical and analytical
may include peripheral blood, vitreous humor, findings, the pathologist should conclude with a dis-
cerebrospinal fluid, bile, hair samples, or other cussion of the significance of the findings. Where the
relevant tissues. Depending on jurisdiction, whenever findings are of uncertain nature and there are several
the results of ancillary investigations are subject to a competing causes, the pathologist should try to give
criminal investigation and may be used as evidence an opinion as to their probability.
in a court of law, it may be necessary to prove
that there has been an unbroken chain of evidence References
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6 Autopsy

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Cardiac and Natural Causes of Sudden Death
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Gunshot Wounds
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