Organ and Tissue Retention

Abstract

Few legal challenges have had the potential to disrupt the functions of medical examiner and coroner offices as much as those related to organ and tissue retention. Typically a routine part of the autopsy process, blood and tissue samples are submitted for toxicologic testing, microscopic examination, and/or retained for consultation with specialists. Despite being governed by state laws, most state statutes do not specifically address the issue of organ and tissue retention. This oversight has allowed for variability in the interpretation of the rights of the legal next of kin, opening the doors to litigation. This article reviews the legal implications associated with organ and tissue retention, summarizes the litigation in the United States and other countries, discusses the subsequent changes in practice that have occurred, and the need for support from state and national organizations.