Disagreement over cause of death: request an autopsy within 48 hours and have medical records sealed

4. Disagreement over cause of death: request an autopsy within 48 hours and have medical records sealed

Cost: No cost involved. The hard part is remembering to make this request at such a time.

In plain terms: If there is any doubt about how someone died, an autopsy must be requested within 48 hours after death. Hospitals with proper freezing facilities may extend this window to 7 days. Consent from close relatives is also required for the autopsy. If consent is not given or the deadline is missed, the party responsible for the delay bears the liability for any subsequent uncertainty over the cause of death. Alongside the autopsy request, it is essential to demand that all medical records be sealed. Once the body is cremated, an autopsy becomes impossible.

Benefit: The time limit for autopsies is stipulated in Article 26 of the Regulations on Prevention and Handling of Medical Disputes. The original text reads: “In cases where a patient dies and both the patient and medical institution dispute the cause of death, an autopsy must be performed within 48 hours after death; if the hospital has facilities to freeze the body, this period may be extended to 7 days.” In other words, to determine the true cause of death, an autopsy must be carried out within 48 hours of death, or up to 7 days if the hospital has freezing capabilities. The same article further states: “An autopsy must be approved and signed off by the deceased’s close relatives; failure to sign is regarded as refusal of consent.” If family members do not sign, it is interpreted as a refusal. It also specifies: “If consent is denied or the deadline is missed, leading to uncertainty over the cause of death, the party responsible for the refusal or delay bears all related liability.” Article 24 states that sealing and unsealing of medical records “must be conducted in the presence of both the patient and medical institution.” Both you and the hospital must be present during both the sealing and later unsealing of records.

Evidence grade: A

Sources: State Council of China (2018). Regulations on the Prevention and Handling of Medical Disputes (State Council of China Order No. 701, Article 24, Article 26). <https://www.gov.cn/zhengce/content/2018-08/31/content_5318057.htm>

Notes: After this deadline passes, any later claims of “I always suspected something was wrong” will instead place liability on the party responsible for the delay. Once a body is cremated, no autopsy can ever be performed. Therefore, this decision must be made before contacting any funeral home. Details on how to seal medical records can be found in Section 24.