The forensic or medicolegal autopsy. Friend or foe?

The major issue in questioning the performance of general pathologists doing medicolegal or forensic autopsies is that they are very often without a firm basis for performing this task. With minimal training in medical school and minimal exposure during their residency, practicing general pathologists, although expected or even forced to do these cases, may face criticism after their performance in a case. The necessity for teaching forensic medicine and pathology in medical schools is obvious, and the necessity of there being more forensic pathology exposure in residency training programs in the United States and overseas is also obvious. Medical educators are responsible for all phases of medicine being taught to medical undergraduates and graduates and must be pressured to support the practice of all kinds of medicine in American communities, including legal or forensic medicine, in those cases in which questions arise that lead to the performance of postmortem examination.     

Retrospective analysis of medicolegal cases and evaluation for erectile function.

Erectile function (EF) is an important question in lawsuits for divorce, rape, and damages. In this study, a method to evaluate medicolegal cases is defined, and the characteristics of the 265 cases screened for EF between 1989 and 1997 were analyzed. Interview, physical examination, psychometric evaluation, nocturnal penile tumescence, serum hormone levels and blood chemistry, intracavernosal drug injection, penile Doppler ultrasonography, and pharmacocavernosometry and pharmacocavernosography tests were used for diagnosis. The tests performed were selected according to the age of the subject. Of the 265 cases 128 (48.3%) were for divorce, 116 (43.7%) were for rape, and 21 (8%) were for indemnity relating to lawsuits for damages. In only 7 cases (2.7%) was the defendant <15 years of age. Organic pathology for erectile dysfunction (ED) was present in 22% of lawsuits for divorce, 40.5% of lawsuits for rape, and 33.4% of lawsuits for damages. Three men in cases of divorce and 2 men after genital trauma due to traffic accident suffered psychological ED. This study indicates that lawyers may abuse the assertion of ED in lawsuits for divorce and rape. In 128 divorce cases the defendant was accused of being impotent, but evaluation proved that 75.8% had normal EF. In lawsuits for rape, 59.5% of defendants had normal EF although the lawyers of the rapist claimed their clients were impotent. The investigation, interpretation, and characteristics of medicolegal cases may differ in countries with different cultures.     

Reye's syndrome. A diagnosis occasionally first made at medicolegal autopsy.

Reye's syndrome, a condition characterized pathologically by cerebral edema and fatty change of the liver, has been described extensively in the medical literature as a disease manifested clinically by encephalopathy and coma. This is a report of five cases of Reye's syndrome occurring as sudden, unexpected deaths outside of the hospital. In each of these cases, there is a vague history of a previous viral illness. A history of aspirin intake is inconstant. Each child either had no significant past illnesses or there was a history of repeated upper respiratory infections. The classic progression of signs and symptoms usually described for Reye's syndrome, where vomiting usually precedes encephalopathy and coma, was not present in any of the cases. Results of autopsies showed the characteristic findings for Reye's syndrome, and additional tests showed no other explanation for the deaths. This manifestation of the disease is seldom described in medical literature, but it may be encountered occasionally by the medical examiner.     

Analysis of 3130 cases of medicolegal postmortem

3130 cases of medicolegal postmortem in Shantou City between January 1977 and December 1996 were analyzed statistically. The results revealed that the ratio of male to female was 2.3 and most dead were young and middle age. The number of postmortem has increased in resent years. Of 3130 cases, 2829 (92.3%) were caused by mechanical injury, mechanical asphyxia, sudden death and poisoning. As to manners of the death, 1226 were related to accidents (39.2%), 776 homicide(29.8%), 658 suicide (21.0%). These results were compared with other studies reported in domestic and international literature.     

Recent status of the medical examiner system in Japan: demographic variation of medicolegal deaths in Hyogo Prefecture and uncertainty in medicolegal investigations conducted by medical practitioners.

The medical examiner system has been steadily abolished in Japan. Instead, medicolegal investigations are entrusted by the police to medical practitioners, who are not permitted to perform autopsies. The necessity for the medical examiner system was assessed through inquest records in Hyogo, one of the three prefectures which still have medical examiner systems. Standardized mortality ratios (SMRs) for accidents and suicides were negatively associated with population density, being high in rural areas with a large proportion of elderly citizens, while the SMR for natural deaths was high in urbanized areas and associated with the proportion of inquests to total resident deaths. The high proportion of inquests, however, did not always mean that inquest records were of good quality. Significant differences in the quality of medicolegal investigations seemed to exist between medical examiners and medical practitioners. That is, in order to certify the cause-of-death, medical examiners performed autopsies in about half of their cases, while only 2% of medical practitioner cases were subjected to autopsies. Medical practitioners, who certified the cause-of-death as "heart failure" without advising an autopsy, were regularly entrusted with inquests. It is likely that the causes-of-death for medicolegal cases may be questionable since more than 85% of all medicolegal deaths were investigated by medical practitioners, which may cause inaccuracy in at least 3-7% of mortality statistics. It is necessary to educate medical practitioners concerning the importance of mortality statistics and ICD and on the validity of autopsies, in order to obtain accurate mortality statistics from medicolegal cases.     

Sudden infant death syndrome (SIDS): a burgeoning medicolegal problem.

This Article presents a summary analysis of the administrative and statutory bases for the documented, prevalent mismanagement of Suddern Infant Death Syndrome (SIDS) cases by a majority of local death investigation agencies in the United States. Herein, Alan P. Cleveland, J.D. advances the theory that the unsatisfactory handling of cases of SIDS by the medicolegal community is the inevitable outgrowth of state laws that expressly require investigative agencies to approach a sudden, unexplained death from the direction of determining first whether or not a criminal act has occurred. In so doing, most statutorily mandated autopsy procedures are socially counterproductive since, in ignoring an acute medical need for supportive family counselling, they often constitute an insuperable obstacle to the effective management of SIDS as a public health problem. The author recommends that a requisite first step in implementing an SIDS management program at the state level is to insulate surviving family members form criminal investigative procedures by appropriate amendment of state laws governing local death investigation systems.     

Disorders of sexual preference and medicolegal issues thereof

Disorders of sexual preference or paraphilias are bizarre patterns of sexual behavior that have diverse manifestations and are of complicated sexual orientations. Some of these are harmless, while others are not, robbing sufferers and possibly their partners of loving sexual relationship. At least 40 paraphilias have been named, but the full extent of the field, perhaps, is still undiscovered. Recent studies have reported many paraphilias as long-term effects of sexual abuse in childhood, and the more frequent and persistent the abuse is, the worse the long-term psychologic, behavioral, and relationship problems. Psychopathology within this group of disorders may lead to criminal behavior, ranging from infringement of decency to some of the most heinous crimes known.     

The pathology and medicolegal aspects of sexual activity

The pathology of injury and its complications related to sexual activities has changed remarkably when compared with that of the past, which usually involved assaults or murders of female victims of varying ages, with moderate to serve beatings that may have accidentally resulted in the victim's death. Serial murderers, serial rapists, and molesters of both boys and girls have become much more prevalent in the last two decades in the United States. Unorthodox sexual behavior, such as "fisting," has increased in frequency, as has sexual violence related to cults, such as satanism. All of these present many challenges to medicolegal investigators. This report describes general and specific pathological sexual activities and injuries, some characteristics and methods of the perpetrators, and some specific cases as examples.     

Significance of cyanide in medicolegal investigations involving fires

This article presents the significance of cyanide in medicolegal investigation of fires. It discusses the various aspects of fire investigation and the pathophysiology of cyanide toxicity and evidence interpretation in fire investigations.     

法学期刊的学术使命

法学研究的繁荣离不开法学期刊的创新。值《法学论坛》出刊百期之际,为交流办刊经验,提高刊物质量,本刊特以“法学研究的繁荣和法学期刊的创新”为题,编发了一组稿件,从不同角度,阐释了法学期刊的使命和法学研究的使命以及它们之间形成的发展互动模式,探讨了法学研究的创新和法学期刊创新之间的关系,进一步明确了法学研究的繁荣和法学期刊的创新具有密不可分性,法学研究的生命在于创新,法学期刊是法学研究创新的重要载体,法学学术期刊的创新在根本上取决于法学研究的创新,同时又反过来推动法学研究成果的创新。     

Neoplastic disease in a medicolegal autopsy material. A retrospective study in northern Sweden

Only a small fraction of sudden unexpected deaths are caused by neoplastic disease and thus subject ot medicolegal autopsy. The medicolegal autopsy forms an opportunity to study not only medically diagnosed and treated neoplasms, but also the natural evolution of untreated disease. In a series of 7,020 consecutive medicolegal autopsies in northern Sweden, we found 171 cases with malignant and/or intracranial neoplasms. In 41 cases, sudden death was caused by previously unknown tumors. The most common mechanisms of death in this group were disseminated cancer, intracranial tumors, pulmonary thromboembolism, hemoptysis, and aspiration of blood, and the most common locations were the bronchi and the lung. In some of these cases, the mechanism was sometimes dramatic, raising a question of violent death or intoxication. In 30 cases, sudden unexpected death was caused by previously known tumors, and also in this group disseminated cancer was the most common cause of death, and the most common locations were the bronchi and the lung. In 22 cases, tumors were found suicidal cases; in 14 of these, the tumor was considered to be a major causative factor to the suicide, while in eight cases the tumor was considered to be an incidental finding. The expected number of cancers in the 1,060 suicides investigated in this series was 27, according to the official cancer prevalence data. Thus, a possible over-representation of suicides among persons with cancer seems doubtful and needs further exploration.     

A retrospective analysis of alcohol in medicolegal postmortems over a period of five years.

Violence and violent death are everyday events in present-day South Africa. Although this phenomenon may be attributed in great part to the sociopolitical environment, the single most important underlying common factor is the presence of alcohol in both the perpetrators of violence and their victims. We retrospectively studied 948 cases of 2,980 medicolegal autopsies done over a 5-year period. We found that 52.5% of cases tested positively for alcohol, with blood alcohol concentration varying from 0.008 to 0.048 g% (mean = 0.18). Male patients were more common and more likely to be positive than female patients. Breakdown of the cases into various modes of death showed that homicides, vehicular accidents, and suicides predominated. The results are in agreement with earlier studies done locally and elsewhere.     

Uncertainty of determining cause of death in a medicolegal material without autopsy. An autopsy study

In constrast to other studies, this investigation was made on cases of medicolegal deaths that would not normally be autopsied. 223 females and 322 males, whose deaths were found to be natural before as well as after autopsy, were studied. The cause of death was estimated by external medicolegal examination, and after autopsy.In 79 females and 109 males, i.e. 35% and 34% respectively, estimated cause of death was found to be different after the autopsy. This was mostly because ischaemic heart disease as a cause of death was overestimated at the external medicolegal examination. No constant relationship between differing causes of death and age group could be demonstrated. Underdiagnoses and overdiagnoses tended to outweigh each other. Pneumonia, pulmonary embolism, cor pulmonale and aortic stenosis were clearly underestimated before autopsy. In addition, a variety of diseases that were not even mentioned at the medicolegal examination was found (subarachnoid haemorrhage, uraemia, perforated and bleeding gastric ulcers, tuberculosis).The same unreliability in the estimated cause of death therefore exists among cases not normally autopsied as found in retrospective studies of cases where autopsy is performed under all circumstances at the request of the police.False information will thus be given to the mortality statistics among the approximately 5000 cases of medicolegal deaths not autopsied in Denmark per year, most of these being natural deaths. Besides, contagious and inherited diseases could be overlooked, relatives given false information and the value of scientific studies in causes of death diminished.The conclusion is that autopsy is still essential to ensure continuous control and correction of causes of death.     

谈法学学术期刊的创新

法学研究的繁荣离不开法学期刊的创新。值《法学论坛》出刊百期之际,为交流办刊经验,提高刊物质量,本刊特以“法学研究的繁荣和法学期刊的创新”为题,编发了一组稿件,从不同角度,阐释了法学期刊的使命和法学研究的使命以及它们之间形成的发展互动模式,探讨了法学研究的创新和法学期刊创新之间的关系,进一步明确了法学研究的繁荣和法学期刊的创新具有密不可分性,法学研究的生命在于创新,法学期刊是法学研究创新的重要载体,法学学术期刊的创新在根本上取决于法学研究的创新,同时又反过来推动法学研究成果的创新。     

Forensic medicine in Great Britain. II. The origins of the British medicolegal system and some historic cases

The British medicolegal system, which today is largely based on the Coroner's Act of 1887, developed slowly, beginning with the election of county coroners in the 12th century. The duties of the medieval coroner included the collection of revenues due to the Crown, recordkeeping, presiding over inquests, and overseeing juries in cases of sudden or unnatural death. However, by the 14th century, the influence of the coroner had diminished and the office fell into disrepute. The practice of forensic medicine in the United Kingdom can be dated from the 17th century, when the first autopsy was recorded. However, the first original textbook on this subject did not appear in Britain until the early 19th century. Around the same time, due to a wave of homicidal poisonings, toxicology emerged as an important discipline. A number of historical cases of homicidal poisoning, as well as several cases of homicide by external wounding, are discussed herein. In the present day, with the passage of various laws, the British coroner deals only with sudden and unnatural death and treasure trove.     

Withholding and withdrawing of life support: a medicolegal dilemma

The developments in medicine in general and the technology of life support in particular have provided the means of maintaining organ function for prolonged periods of time. However, there are many situations where life-sustaining treatment in an intensive care unit (ICU) may lead to a death with lingering and suffering of the patient, as well as burdening their family. Although often equated, withholding and/or withdrawing life-prolonging treatments that allow the patient to die needs to be differentiated from the physician-assisted suicides and euthanasia that involve the active ending of life. There is a difference between an unintended but accepted consequence of forgoing therapy and an intended result of death from suicide or euthanasia. The present-day physicians view most patient deaths as an inevitable process secondary to disorders unresponsive to treatment and/or multiple organ dysfunction syndromes. The large majority of patients dying in ICUs today succumb not after cardiopulmonary resuscitation, but rather, after the forgoing of life-sustaining treatment. Such approach has frequently caused families, institutions, and conservators of patients to resort to judicial fiat for resolution.