Rule 31-401-4.1 - Hospital Deaths - Autopsies1.Miss. Code Ann. § 41-61-59 is specific as to which human deaths are subject to the investigation of the Medical Examiner. When such deaths occur in a hospital, clinic, doctor's office or other health care facility, the attending physician is responsible for notification of the Medical Examiner. The attending physician must not request permission for autopsy from the next-of-kin until the Medical Examiner has been notified and has made a decision as to whether or not an autopsy is required in accordance with provisions of Miss. Code Ann. § 41-61-65. If the Medical Examiner case is not to be subjected to autopsy in accordance with these provisions, the attending physician may then request permission for a private autopsy from the appropriate individual. The Medical Examiner still has responsibility for investigation and certification of such cases and copies of findings and interpretations of any such private autopsy shall be submitted as provided in Miss. Code Ann. § 41-61-65.2. If, during performance of an autopsy on a case which is not under the jurisdiction of the Medical Examiner, the findings, e.g., evidence of trauma or poisoning, indicate that the death should properly be a medical examiner case, the Pathologist performing the autopsy shall immediately discontinue the procedure and notify the Medical Examiner of the findings.31 Miss. Code. R. 401-4.1
Miss. Code Ann. § 41-61-59, and Miss. Code Ann. § 41-61-65.