§ 2707 — Postmortem examination only by physicians; liability; consent

Delaware § 2707

• Jurisdiction: Delaware
• Title: 16
• Part: Regulatory Provisions Concerning Public Health
• Ch. 27: ANATOMICAL GIFTS AND STUDIES
• Subch.: Anatomical Studies

Text

(a) No postmortem examination of the body of a deceased person shall be conducted by any person other than a duly licensed doctor of medicine or osteopathy. Written or telegraphic consent for a doctor of medicine or osteopathy to conduct a postmortem examination of the body of the deceased person shall be deemed sufficient when given by whichever 1 of the following assumes custody of the body for the purpose of burial: Parent, spouse, child, guardian, next of kin or, in absence of any of the foregoing, a person who assumes the duty of legal disposal of the body. If 2 or more such persons assume custody of the body, consent of 1 of them who is legally considered as the next of kin shall be deemed sufficient.

(b) The licensed physician conducting the postmortem examination shall not be liable in damages for any action taken in making such postmortem examination.

Legislative History

24 Del. C. 1953, § 1777; 56 Del. Laws, c. 429, § 2 ; 65 Del. Laws, c. 487, § 2 ; 84 Del. Laws, c. 42, § 1