Research involving biological material from forensic autopsies: legal and ethical issues. 2009

Bernice S Elger, and Marie-Claude Hofner, and Patrice Mangin
University Center of Legal Medicine of Geneva and Lausanne, University of Geneva, Switzerland. Bernice.Elger@hcuge.ch

Recommendations and laws do not always contain specific and clear provisions on the use of cadaveric material in research, and even more rarely do they address explicitly the ethical issues related to research on material obtained during forensic autopsy. In this article we analyse existing legal frameworks in Europe by comparing the legal provisions in 2 European Countries which are member states of the Council of Europe, the UK and Switzerland. They were chosen because they have distinct legal frameworks that make comparisons interesting. In addition, the detailed laws of the UK and a specific law project and national ethical recommendations in Switzerland permit us to define more clearly the legal range of options for researchers using cadaveric material obtained during forensic investigations. The Human Tissue Act 2004 in England, Wales and Northern Ireland, its Scottish equivalent with the same title (2006) and the national ethical guidelines in Switzerland all require consent from the deceased person, an appropriate relative or a person with power of attorney for healthcare decisions before cadaveric biological material can be obtained and used for research. However, if the purpose of the autopsy is purely forensic, no such authorization will be sought to carry out the autopsy and related analyses, which might include genetic testing. In order to be allowed to carry out future research projects, families need to be approached for informed consent, unless the deceased person had left written directives including permission to use his or her tissues for research.

UI MeSH Term Description Entries
D002102 Cadaver A dead body, usually a human body. Corpse,Cadavers,Corpses
D003334 Coroners and Medical Examiners Physicians appointed to investigate all cases of sudden or violent death. Medical Examiners,Coroners,Examiner, Medical,Examiners, Medical,Medical Examiner,Medical Examiners and Coroners,Coroner
D004992 Ethics, Medical The principles of professional conduct concerning the rights and duties of the physician, relations with patients and fellow practitioners, as well as actions of the physician in patient care and interpersonal relations with patient families. Medical Ethics
D006113 United Kingdom Country in northwestern Europe including Great Britain and the northern one-sixth of the island of Ireland, located between the North Sea and north Atlantic Ocean. The capital is London. Great Britain,Isle of Man
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D001344 Autopsy Postmortem examination of the body. Autopsies,Post-Mortem Examination,Postmortem Examination,Examination, Post-Mortem,Examination, Postmortem,Examinations, Post-Mortem,Examinations, Postmortem,Post Mortem Examination,Post-Mortem Examinations,Postmortem Examinations
D013048 Specimen Handling Procedures for collecting, preserving, and transporting of specimens sufficiently stable to provide accurate and precise results suitable for clinical interpretation. Specimen Collection,Collection, Specimen,Collections, Specimen,Handling, Specimen,Handlings, Specimen,Specimen Collections,Specimen Handlings
D013557 Switzerland A country in Europe. It is bordered by Austria, France, Italy, Liechtenstein, and Germany. The capital is Bern.
D049429 Forensic Pathology The application of pathology to questions of law. Pathology, Forensic
D020458 Third-Party Consent Informed consent given by someone other than the patient or research subject. Spousal Consent,Community Consent,Third Party Consent,Community Consents,Consent, Community,Consent, Spousal,Consent, Third Party,Consent, Third-Party,Consents, Community

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