Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 60-227

December 20, 1960

BY: OPINION of HILTON A. DICKSON, JR., Attorney General

TO: Earl M. Coffee, Administrator Miners' Hospital of New Mexico Raton, New Mexico

QUESTION

QUESTION

Can the Administrator of the Miners' Hospital authorize autopsies?

CONCLUSION

No.

OPINION

{*651} ANALYSIS

There is no statutory or common law authority for an Administrator of the Hospital to authorize an autopsy; as a matter of fact, such act would make the Administrator personally liable for mutilation of a dead body. See Love v. Aetna Casualty and Surety Company, (Tex. Civ. App.), 99 S.W. 2d 646. As a general rule, however, the State Institution would not be liable for damages for an unauthorized autopsy performed therein unless it was permitted with knowledge that it was unauthorized. See Hasselbach v. Mt Sinai Hospital, 173 App. Div. 89, 159 N.Y.S. 376. Normally, the only person who may authorize an autopsy absent legislative authority is a coroner.

By: Boston E. Witt

Assistant Attorney General

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