Legal Question in Health Care Law in California

Emergency room Death

When a family member expires in the

hospital emergency room, Who signs

the death certificate to allow

cremation? ER doctor, HMO doctor, or

do we allow the county coroner autopsy

& process (more $)?


Asked on 1/07/09, 8:05 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Emergency room Death

Sorry for your loss.

Whether an autopsy or coroner involvement will be required depends on the decedent's age, apparent cause of death, and medical treatment history. In other words a 90-year old who dies of an apparent age-related illness is far less likely to require an autopsy than an 18-year old who dies of a gunshot wound. The exact details are in the Health and Safety Code, search at www.leginfo.ca.gov

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Answered on 1/07/09, 8:11 pm


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