Maryland Law of Autopsies

 Posted on September 15, 2026 in Personal Injury

When someone we love dies, there are certain things that must be done. Planning a funeral, caring for next of kin, and handling a loved one’s belongings are sensitive matters that are handled carefully by the family.

However, there are other practical and legal matters that can feel quite grim but which must nevertheless also be dealt with. What happens to the body? When is an autopsy required? Who makes these decisions, and when do they need to be made? These questions are particularly important when we lose someone we love to a wrongful death because of someone else’s negligence.

Many Marylanders, and even experienced personal injury lawyers, are unclear of the law and policies regarding autopsies in Maryland. At Silverman Thompson, our Maryland personal injury attorneys help families answer difficult logistical questions that follow an accidental death, including questions about autopsies.

What Is an Autopsy? 

An autopsy is a surgical and medical series of tests and examinations done on a dead body and its internal organs to find out how and why a person died. Autopsies determine whether there are any injuries or diseases that may have caused or contributed to the death of a person when the cause is not immediately obvious. Likewise, autopsies can check for the presence of drugs and alcohol in a body.

Medical vs. Forensic Autopsies 

Medical autopsies can be requested by family members or doctors to learn more about a death caused by disease or illness. Forensic autopsies are ordered by the Maryland office of the Chief Medical Examiner when a death is suspicious, sudden, or related to a crime or injury.

When is an Autopsy Done? 

In Maryland, a death certificate must be completed by a doctor for all deaths before a body can be sent to a funeral home. When someone has a family doctor and dies from natural causes, the doctor can complete the death certificate and an autopsy may be unnecessary. In some situations, a hospital or state-licensed physician may, with the permission of the decedent’s family, perform an autopsy.

However, if the person is not under the care of a physician, the death appears to be unusual or suspicious in nature, or if Maryland law requires it, the Office of the Chief Medical Examiner must be notified to begin an investigation. Once the cause of death is determined, the death certificate can be completed.

Who Decides if There Will Be an Autopsy in Maryland? 

Whether an autopsy is done often comes down to state law. In Maryland, Md. Code Ann., Health–Gen. § 5-308 says that a death must be investigated by a medical examiner with the Office of the Chief Medical Examiner if that person dies in a suspicious manner or as a result of a:

• Homicide or suicide
• Poisoning
• Suicide
• Criminal abortion
• Rape
• Therapeutic misadventure
• Drowning

Depending on the findings of the investigation, the medical examiner will determine whether an autopsy is necessary.

Certain other situations also require an autopsy. For example, Maryland law requires an autopsy for a firefighter who dies in the line of duty. Autopsies are also often done for those who die in a state-funded or state-operated facility if the death appears unusual or suspicious in nature.

When Can a Maryland Family Ask for, or Put a Stop to, an Autopsy? 

A state-licensed physician or hospital pathologist may perform an autopsy, with permission from the decedent’s family, for "non-medical examiner cases." These include stillbirth or neonatal deaths, hospital deaths in which the cause of death has been established by a hospital physician and is due to disease, or when a decedent is dead on arrival to the hospital but the physician who pronounces death has previously treated the patient.

When the person who died has a family doctor and dies from a natural cause, the family or hospital doctor can complete the death certificate and an autopsy may be requested by the family.

When Can a Family Stop an Autopsy From Happening? 

When state law requires a medical examiner to perform an autopsy, family permission is not required. Before an autopsy can be performed in situations where the law doesn’t require it, the next of kin must give permission.

However, a family may object to a legally mandated autopsy because of religious beliefs. When this happens, the Chief Medical Examiner must review the matter and determine whether it is absolutely necessary to perform an autopsy over a family’s objections.

If the Chief Medical Examiner determines an autopsy is required, the family may ask the court to grant an injunction to prevent the procedure until a hearing can be scheduled. This will, however, delay the release of the body to the funeral home.

Who Actually Does a Maryland Autopsy and Where Do Autopsies Happen? 

Autopsies done through the Office of the Chief Medical Examiner are either conducted by:

• The Chief Medical Examiner
• The Deputy Medical Examiner
• An assistant medical examiner
• A pathologist authorized by the Chief Medical Examiner to perform the autopsy

These autopsies are usually done in Baltimore or at some other facility authorized by the Chief Medical Examiner.

If the decedent has died in a hospital in a non-suspicious manner, a hospital pathologist or other state-licensed physician may perform the autopsy.

What Happens During an Autopsy? 

During an autopsy, forensic pathologists thoroughly examine a body as well as its internal organs. Special tests are done to check for the presence of infectious diseases, alcohol, and drugs. The pathologist keeps detailed records about things like the person’s height, weight, and what they look like. Sometimes, the pathologist will take pictures or X-rays.

Tissue and fluid samples are often collected for chemical or toxicological testing. If there are foreign objects, like debris from a car accident or a bullet from a homicide, those are removed and collected. If any evidence is discovered that may help the pathologist determine the cause of death, that evidence is carefully written down and kept.

A typical forensic autopsy only takes a few hours, but certain tests take more time to get results back. Once an autopsy is finished, the pathologist puts the body back in order and prepares it for release to the family or the funeral hope.

Who Pays for an Autopsy?

If the autopsy is required by law and performed by the Office of the Chief Medical Examiner, there is no charge. Tax dollars fund this service. In cases of wrongful death, the state of Maryland almost always covers the cost of an autopsy.  

First-degree family members who want a copy of the report get the report for free; everyone else pays a $50 fee. If a family requests a private autopsy, the family must pay out of pocket.

In wrongful death lawsuits, however, there can be additional costs related to getting necessary evidence from an autopsy. An expert witness may be needed to review the state’s autopsy and testify. Accident reconstructionists may need access to the autopsy to recreate a crash scene and prove negligence.

Families involved in wrongful death litigation can request reimbursement for these fees as part of their settlement. Personal injury attorneys, most of whom take cases on a contingency fee basis, pay for these costs up front as they build the case.

How Long Does it Take for the Autopsy Report to be Completed?

The Maryland Office of the Chief Medical Examiner states that about 90 percent of autopsy reports are completed within 90 days once the cause and manner of death are determined. However, because various tests may need to be done on a person’s body, organs, or blood, the time frame can be extended and somewhat unpredictable.

Are Autopsy Reports Public Records in Maryland? Where Can I Get an Autopsy Report? 

The official medical examiner’s autopsy report is a public record unless the case is subject to an ongoing investigation or there is another reason for denial of disclosure. The individual files of the Chief Medical Examiner, however, are not public records but rather are private medical records protected from disclosure. The official autopsy report is maintained by the custodian of records of the Office of the Chief Medical Examiner.

Requests for copies of autopsy reports can be made by mail or in person through the office of the Chief Medical Examiner.

Contact a Maryland Wrongful Death Attorney

If you are reeling from the death of a loved one and trying to answer difficult questions about an autopsy and what should happen, our Maryland personal injury attorneys are here to help. We work closely with grieving families to gather the evidence they need to get the damages they deserve. Call Silverman Thompson today at 410-385-2225 to schedule your free consultation.