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June 1998

The Director - Features

Legal Liability for Autopsy and Organ Donation Cases

Written by T. Scott Gilligan

You're presented with a body that underwent an autopsy. You discover that several major organs, the eyes and the spinal column are missing, and determine that the remains are irreparable. As a professional embalmer, are you obligated to handle such a case that requires an extremely high skill level? When can you say that your skills are inadequate to successfully embalm a case? In Legal Liability for Autopsy and Organ Donation Cases, T. Scott Gilligan, NFDA's general counsel, describes a case where a funeral director needed to prove that, due to an autopsy performed at Duke University Hospital, the condition of a body was in such bad shape that he was unable to adequately restore the remains for viewing. It explains what level of expertise is expected when individuals request the services of a professional embalmer.