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Flashcards in Title 5 Deck (112)
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1

Death

Health General Annotated code of Maryland: Title 5

2

"Body" means a dead human body.

Title 5-101- "body" Defined

3

Notwithstanding any other law, a pronouncement of death under this subtitle shall be used for all purposes in this State, including the trials of civil and criminal cases.

Title 5-201 Scope of subtitle (not on exam)

4

An individual is dead if, based on ordinary standards of medical procedure, the individual has sustained either:

  1. Irreversible cessation of circulatory and respiratory functions; or
  2. Irreversible cessation of all functions of the entire brain, including the brain stem. 

Title 5-202- Cessation of Circulatory and Respiratory or Brain Functions

(a)- Determination of death

5

  1. This subsection does not apply to the removal of vital organs while the individual is alive, if the individual gives informed consent to the removal.
  2. A pronouncement of death under this section shall be made before any vital organ is removed for transplantation.

Title 5-202 (b)- Removal of Organs 

(not on exam)

6

Repealed by acts 1982, ch. 327, effective July 1, 1982

Tital 5-203- Absence of Brain Function

(not on exam)

7

Determination of Death

Subtitle 2

8

Postmortem Examiners Commission

Subtitle 3

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The state postmortem examiners commission.

Commission

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A death that a medical examiner is required by law to investigate (this does not necessiary mean an autopsy).

Medical Examiner's Case

11

Medical Examiner's Cases

Title 5-309

12

  1. A medical examiner shall investigate the death of a human being if the death occurs:
    1. By violence
    2. By suicide
    3. By casualty 
    4. Suddenly, if the decased was in apparent good health or unattended by a physician; or
    5. In any suspicious or unusual manner.

Title 3-309- (a)- Deaths to be Investigated (1)

13

  1. Regardless of the duration of the pregnancy, the death occurs before the complete expulsion or extraction of the fetus from the mother; and
  2. The other is not attended by a physician at or after the delivery.

Title 5-309 (a)(2)- A Medical Examiner Shall Investigate the Death of a Human Fetus if:

14

If a medical examiner's case occurs, the police or sheriff immediately shall notify the medical examiner and the State's Attorney for the county where the body is found and give the known facts concerning the time, place, manner, and circumstances of the death.

Title 5-309 (b)- Notification of Medical Examiner

(not on exam)

15

Immediately on notification that a medical examiner's case has occured, the medical examiner or investigator of the medical examiner shall go and take charge of the body. The medical examiner or the investigator shall investigate fully the essential facts concerning the medical cause of death and, before leaving the premises, reduce those facts an the names and addresses of witnesses to writing, which shall be filed in the medical examiner's office.

Title 5-309 (c)- Investigation by Medical Examiner

(not on exam)

16

The medical examiner or the investigator shall take possession of and deliver to the State's Attorney or the State's Attorney designee any object or article that, in the opinion of the medical examiner, may be useful in establishing the cause of death.

Title 5-309 (d) Evidence

(not on exam)

17

If the next of kin of the deceased is not present at the investigation, the police officer or sheriff at the investigation or, if a police officer or sheriff is not present, the medical examiner or the investigator shall:

  1. Take possession of all property of value found on the body;
  2. In the report of the death, make an exact inventory of the property; and
  3. Deliver the property to the appropriate sheriff or police department.

Title 5-309 (e)(1)- Personal Property

18

The sheriff or police department shall surrender the property to the person who is entitled to its possession or custody (they have to open an estate).

Title 5-309 (e)(2)- Personal Property

19

  1. If the case involves the unexpected death of a child, the medical examiner shall notify the chairperson of the local child fatality reivew team for the county in which said child resided.
  2. If the case involves the death of a child and the death is believed to be caused by abuse or neglect, the Office of Chief Medical Examiner shall orally report the findings and deliver a copy of the child's final autopsy report to the local department of social services and the local law enforcement agency of the county in which the child last resided in accordance with 5-704 of the Family Law Article.

Title 5-309 (f)- Unexpected Death of Child

(not on exam)

20

Autopsies

Title 5-310

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If the cause of death is established to a reasonable degree of medical certainty, the medical examiner who investigates the case shall file in the medical examiner's office a report on the cause of death within 30 days after notification of the case.

Title 5-310 (a) When the Cause of Death Establsihed

22

If the medical examiner who investigates a medical examiner's case considers an autopsy necessary, the Cheif Medical Examiner, a deputy chief medical examiner, an assistant medical examiner, or a pathologist by the Cheif Medical Examiner shall perform the autopsy.

Title 5-310 (b)- Autopsy Required; Exception (1)

23

If the family of the deceased objects to an autopsy on religious grounds, the autopsy may not be performed unless authorized by the Chief Medical Examiner or by the Chief Medical Examiner's designee.

Title 5-310 (b)- Autopsy Required; Exception (2)

24

  1. In accordance with normal standards of medical practice, the medical examiner performing the autopsy may retain any medical evidence, tissue, or organ needed to carry out the duties of this subtitle.
  2. The medical examiner shall dispose of any medical evidence, tissue, or organ under subparagraph (1) of this paragraph in accordance with normal standards of medical practice.

Title 5-310 (b)- Autopsy Required; Exception (3)

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A medical examiner shall conduct an autopsy of any fire fighter and any sworn personnel of the State Fire Marshal's Office who dies in the line of duty or as a result of injuries sustained in the line of duty.

Title 5-310 (c)- Autopsy on Fire Fighter (1)

26

  1. A toxicological analysis for toxic fumes;
  2. Gross and microscopic studies of the heart, lung, and any other tissue involved;
  3. Appropriate studies of blood and urine; and
  4. Appropriate studies of body fluids and body tissues.

Title 5-310 (c)(2)- The Autopsy Shall Include

(not on exam)

27

  1. Investigate to the extent possible the source of the fumes; and
  2. Prepare a written report on the specific effects of the fumes on human tissue.

Title 5-310 (c)(3)- If the Medical Examiner Determines Toxic Fumes Were the Cause of Death, the Medical Examiner Shall:

(not on exam)

28

The autopsy and analysis shall be sufficient to determine eligibility for benefits under the federal Public Safety Officers' Benefits Act of 1976

Title 5-310 (c)(4)

29

The individual who perfroms the autopsy shall prepare detailed written findings during the progress of the autopsy. These findings and the conclusions drawn from them shall be filed in the office of the medical examiner for the county where the death occurred. The original copy of the findings and conclusions shall be filed in the office of the Cheif Medical Examiner.

Title 5-310 (d) (1)

(Not on Exam)

30

Except in the case of a finding of homicide, a person in interest as defined in 10-611(e)(3) of the State Government Article may request the medical examiner to correct findings and conclusions on the cause and manner of death recorded on a certificate of death under 10-625 of the State Government Article within 60 days after the medical examiner files those findings and conclusions.

Title 5-310 (d) (2)(i)

(Not on Exam)