In California, a death inside a rehab or detox facility is almost always a coroner’s case.

California Government Code § 27491 requires the county coroner or medical examiner to inquire into the circumstances, manner, and cause of all sudden or unusual deaths, unattended deaths, deaths where no physician saw the person in the 20 days before death, and deaths known or suspected to involve accidental poisoning, drug use, or acute alcoholism.

The coroner determines the official cause and manner of death that appears on the death certificate.

Is an Autopsy Automatic?

While a coroner should investigate a death at a detox facility, there may not be an autopsy requested. In general, the coroner’s office decides what level of examination is warranted. This may simply be a blood draw and toxicology test.

If you have concerns about neglect or inadequate supervision at the facility, you can call the deputy coroner assigned to the case and you are request a full autopsy. A request doesn’t mean they will perform one – California law gives the coroner (and their deputies) authority to decide whether to perform a full autopsy, partial autopsy, or only an external exam and toxicology, based on the circumstances of the death.

Do You Need an Autopsy to Win a Wrongful Death Case?

An autopsy is strong evidence of the medical cause of death because it includes what substances were involved, at what levels, how long your loved one may have been in distress before dying, and how long they were deceased. In a case built on the claim that required 30-minute checks were missed, the time-of-death evidence can be importatnt.

An autopsy is not required and in many cases not needed for a successful wrongful death case. A claim may be built on the coroner’s report, toxicology results, the facility’s observation logs and/or staff schedules, 911 records, and witness accounts.

You can request the coroner’s report from the coroner or medical examiner’s office. Toxicology reports can be backed up by months in some counties. If a coroner’s report is difficult to obtain, as your attorney to obtain what they can.

Do I Need an Attorney?

A wrongful death attorney will send preservation demands to the facility to retain all records, schedules, video, and communications before they’re lost. They may also be in contact with the coroner and hire independent experts when needed.

Call us today or fill out a free case review form.