Macrelli v. Children's Hospital

Summary

The Massachusetts Supreme Judicial Court affirmed a jury verdict for Children's Hospital and its physicians in an action arising from the retention of a deceased child's organs after an autopsy. The court held that G. L. c. 38 authorized the Office of the Chief Medical Examiner and its designees to take actions reasonably necessary and appropriate to determine the cause of death, including organ retention when factually justified. The evidence supported the jury's finding that the defendants were not negligent.

Holdings

1. General Laws c. 38 authorizes the chief medical examiner or designee to perform acts, including retaining organs, that are reasonably necessary and appropriate to determine the cause and circumstances of death, even though the statute does not expressly mention organ retention.
2. The trial judge properly instructed the jury that the medical examiner and the hospital acting as the examiner's designee could do whatever was reasonably medically necessary to determine the cause of death.
3. The evidence was sufficient to permit the jury to find that the defendants were not negligent in retaining the organs during the autopsy.

Questions Presented

1. Whether G. L. c. 38 authorized the Office of the Chief Medical Examiner or its hospital designee to retain organs after an authorized autopsy when the retention was reasonably necessary to determine the cause and circumstances of death.
2. Whether the trial judge properly instructed the jury regarding the scope of the medical examiner's statutory authority.
3. Whether the evidence was sufficient to support the jury's finding that the defendants were not negligent in performing the autopsy and retaining the organs.

Disposition

affirmed