What to know
A medicolegal investigation is conducted by a coroner’s or medical examiner’s office to determine how someone died. Each state sets its own standards for what kinds of deaths require investigation. These are the laws for Alabama.
Medicolegal death investigations
Is medical death investigation system centralized, county-based, or district-based?
County. Ala. Code § 11-5-1.
If centralized, in which department or agency is the system housed?
Not applicable
Does the state system have a coroner, medical examiner, or coroners and medical examiners?
Coroner. Ala. Code § 11-5-1.
"In practice" notes
Alabama has passed statutes allowing at least three counties, Bibb (Ala. Code § 45-4-60), Escambia (Ala. Code § 45-27-60), and Jefferson (1979 Ala. Laws Act 1979-454 (H.B. 847)) to abolish the office of coroner and create the office of medical examiner.
Is there a state medical examiner?
No.
If so, what is the state medical examiner's role?
Not applicable.
In what department or agency is the state medical examiner's office located?
Not applicable.
Are there deputies?
The coroner of each county is authorized to appoint such deputy coroners as are needed, with the prior approval of the county commission. Ala. Code § 11-5-34.
If so, what are the deputies' roles?
The coroner of each county may delegate any of the powers of the office to one or more deputies who shall then have the same duties with respect thereto as has the coroner. Any act of a deputy shall be performed in the name of the coroner and signed by the deputy performing the act . . . Ala. Code § 11-5-34.
What are the qualifications for deputies?
[E]ffective March 1, 2007, any coroner or deputy coroner shall complete at least 12 hours of approved training within six months of assuming office, unless he or she has at least 24 months of previous service as a county coroner or deputy coroner in the state. . . . Effective March 1, 2007, any coroner, deputy coroner, or any person authorized to officially represent the county coroner shall complete 12 hours of training, approved by the commission, during each calendar year he or she serves as coroner. Ala. Code § 11-5-31.
Qualifications, term of office, and training
Is the coroner or medical examiner position elected
Yes. Ala. Code § 11-5-1.
If so, how many years is the term of office?
Four. Ala. Code § 11-5-1.
What are the qualifications specified by law?
[E]ffective March 1, 2007, any coroner or deputy coroner shall complete at least 12 hours of approved training within six months of assuming office, unless he or she has at least 24 months of previous service as a county coroner or deputy coroner in the state. . . . Effective March 1, 2007, any coroner, deputy coroner, or any person authorized to officially represent the county coroner shall complete 12 hours of training, approved by the commission, during each calendar year he or she serves as coroner. Ala. Code § 11-5-31.
(a) No person shall be eligible to hold the office of coroner unless he or she meets the following qualifications:
(1) Is a citizen of the United States.
(2) Is a resident in the county in which he or she seeks the office of coroner for at least one year prior to his or her qualifying for election to the office and remains a resident of the county during his or her term of office.
(3) Is a registered voter.
(4) Has attained the age of 25 years prior to the date of the general primary election in the year that he or she qualifies for election to the office.
(5) Has obtained a high school diploma or its recognized equivalent.
(6) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of Alabama, or any other state, or the United States.
(7) Has successfully completed the next scheduled training course no longer than 180 days after his or her election or appointment, unless an affidavit affirms that the requirement of this subdivision has been met at the time of qualifying for the office.
Ala. Code § 11-5-33.
[Ala. Code § 11-5-31's training provisions and Ala. Code § 11-5-33(7) shall not apply] to a doctor of medicine or a doctor of osteopathy licensed to practice medicine in this state who serves as a coroner or deputy coroner. Ala. Code § 11-5-36.
Investigations/autopsies
What types of deaths are required to be investigated
(a) When a coroner has been informed that a person is dead in the county and that such person died without being attended or examined by a legally qualified physician, the coroner shall forthwith proceed to the place where the dead person is lying, examine the dead body to ascertain the cause of death and report same in the same manner as inquests are reported.
(b) When a coroner is unable to determine the cause of death, he may summon any physician or surgeon, who shall make an external postmortem examination of the dead body and report his opinion of the cause of death to the coroner in writing.
Ala. Code § 15-4-2.
What types of deaths are required to be autopsied?
If the surgeon or physician is unable to determine the cause of death from an external postmortem examination and the coroner has reasonable cause to believe that deceased came to his death by unlawful means, the coroner may in such cases order any physician or surgeon to perform an autopsy or internal examination on the dead body, and report the findings of such autopsy to the coroner in writing. Ala. Code § 15-4-2.
Does the state require that pathologists perform the autopsies?
No.
Disclaimer
Information available on this website that was not developed by the Centers for Disease Control and Prevention (CDC) does not necessarily represent any CDC policy, position, or endorsement of that information or of its sources. The information contained on this website is not legal advice; if you have questions about a specific law or its application you should consult your legal counsel.