Responsabilité du médecin légiste dans l'autopsie pédiatrique

The integrity of the human body is an intangible human right acknowledged to persist after death. Violating the integrity of the human corpse is a penal act sanctioned by the 1994 version of the French Penal Code. There are only three exceptions: for science (medical autopsy), for public health (organ removal for graft), and for justice (forensic autopsy). The parents' written agreement is needed to perform a pediatric medical autopsy but not for a forensic autopsy. For the forensic pathologist, taking oath does not imply an authorization to override the precepts of humanity nor the Hippocratic Oath. The forensic pathologist remains subject to civil and penal law. This is why forensic pathologists have an obligation of excellence besides their obligation of means. A pediatric autopsy is a specific procedure compared with an adult autopsy and requires specific training. Forensic pathologists, like all pathologists, who does not have sufficient expertise should not perform pediatric autopsy but rather call in a qualified pediatric pathologist. Tissues or organs removed during a forensic autopsy can be used only for diagnostic purposes, and the parents' agreement must be obtained for any other use.