§ 4707 — Postmortem examination; autopsy reports

(a) When the cause of death shall have been established within reasonable medical certainty by a Medical Examiner, the Medical Examiner shall prepare a written report and file it in the Division of Forensic Science within 90 days after an investigation of such death.

(b) If, however, in the opinion of the Medical Examiner an autopsy is necessary in the public interest or as shall be requested by the Attorney General, the same shall be performed by the Chief Medical Examiner, an Assistant Medical Examiner or by such other competent pathologists as may be designated by the Chief Medical Examiner. No person who authorizes or performs an autopsy pursuant to this chapter shall be liable in any civil action for damages.

(c) A detailed report of the findings written during the progress of the autopsy, related laboratory analysis and the conclusions drawn therefrom shall be filed in the Division of Forensic Science.

(d) Promptly upon the conclusion of the postmortem examination, the body of the decedent shall be released to such person as shall be designated by a member of the decedent’s immediate family, preferably the next of kin or by an appropriate representative of the decedent’s estate.

(e) Upon written request the next of kin of the deceased shall receive a copy of the postmortem examination report, the autopsy report and the laboratory reports, unless there shall be a criminal prosecution pending in which case no such reports shall be released until the criminal prosecution shall have been finally concluded. The charge for completion of an insurance form for proof of death shall be $5.00.

Legislative History

29 Del. C. 1953, § 4711; 50 Del. Laws, c. 502, § 1 ; 53 Del. Laws, c. 175, § 8 ; 57 Del. Laws, c. 140, § 1 ; 57 Del. Laws, c. 591, § 55 ; 58 Del. Laws, c. 58, §§ 2, 3 ; 70 Del. Laws, c. 186, § 1 ; 79 Del. Laws, c. 265, § 1 ; 81 Del. Laws, c. 358, § 2