The laws regarding the circumstances under which the medical examiner must conduct an inquest (inquiry into the cause of death) or under which a person may request an autopsy vary from state to state, and are usually located in a state’s statutes. The following information is generally applicable to inquests and private autopsies.

Inquest

If a person dies in a county with a medical examiner, the medical examiner (or authorized deputy) must conduct an inquest under the following circumstances: (1) when a person dies within 24 hours after being admitted to a hospital or institution, or dies in prison or jail; (2) when a person is killed, or dies from an unnatural cause of death (unless executed by the state for a crime), or dies without one or more good witnesses; (3) when the body or a body part of a person is found, and the cause or circumstances of death are unknown; (4) when the circumstances of the death of any person lead to suspicion the person died by unlawful means; (5) when any person commits suicide, or the circumstances of the person's death lead to suspicion the person committed suicide; (6) when a person dies without having been attended by a duly licensed and practicing physician, and the local health officer or registrar required to report the cause of death does not know the cause of death; (7) when the person is a child who is younger than six years of age and the death is reported to child welfare services; and (8) when a person dies who has been attended immediately preceding his death by a duly licensed and practicing physician or physicians, and such physician or physicians are not certain as to the cause of death and are unable to certify with certainty the cause of death.

Private Autopsy

Consent for a postmortem examination or autopsy often may be given by any member of the following classes of persons who is reasonably available, in the order of priority listed: (1) the spouse of the decedent; (2) the person acting as guardian of the person of the decedent at the time of death or the executor or administrator of the decedent's estate; (3) the adult children of the decedent; (4) the parents of the decedent; and (5) the adult siblings of the decedent.

In Colorado, the circumstances under which a medical examiner must conduct an inquest are outlined in the Colorado Revised Statutes. An inquest is mandatory when a death is sudden, unexpected, or the circumstances are suspicious or violent. This includes deaths occurring within 24 hours of hospital admission, in custody, from unnatural causes, without witnesses, or where the cause is unknown. It also covers suspected unlawful deaths, suicides, unattended deaths without a known cause, and child deaths under certain conditions. Additionally, if a person attended by a physician dies and the cause of death is uncertain, an inquest is required. For private autopsies, Colorado law allows certain individuals to consent to the procedure, typically starting with the closest next of kin. The order of priority generally begins with the spouse, followed by the guardian or personal representative of the deceased, adult children, parents, and then adult siblings. The specific statutes provide detailed guidance on the consent process and the rights of family members in arranging a private autopsy.