Monday, April 14, 2025

Autopsy – if Relatives permit?

Igros Moshe (Choshen Mishpat II #73.6) Question: Can an autopsy that is desired by the hospital be done with the permission of relatives? The concern is that if it isn’t done the doctor might lose his license to practice medicine Answer It is astounding that in America that a doctor can be forced to violate the laws of the Torah. Therefore if the hospital management  insists on having an autopsy  its threats should be ignored because obviously the religious doctor can  sue them in secular court because they are making unreasonable demands and thus it is not permitted to comply with their demands. However it is permitted to do an autopsy on non Jews who are more numerous than Jews even in a Jewish hospital. A religious Jewish doctor can request permission from the relatives of a non Jew and even try to persuade them and there is no problem that this leads to hatred of Jews since non Jews don’t view an autopsy as being prohibited and thus this isn’t a question of darchei shalom. There is also no requirement to tell the relatives to ignore the request for an autopsy. If the relatives ask the doctor what to do there is no obligation to give a definitive  answer. He should simply state that you as a doctor are not a rabbinic authority and they need to ask a rabbi who knows them whether an autopsy is permitted on their relative and thus the hospital management can not complain about the doctor and thus the doctor need not fear that they can cause problems. 

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