Miss. Code Ann.
§
41-61-65 provide that family
members or others who disagree with a Medical Examiner's determination as to
cause and manner of death shall be able to petition and present written
argument to the State Medical Examiner for further review. If the petitioner
still disagrees, they may petition the Circuit Court which may, in its
discretion, hold a formal hearing. All costs of the petitioning and hearing
shall be borne by the petitioner. The procedure for petitioning the State
Medical Examiner's Office for purposes of appealing a death ruling shall be as
follows:
1. Upon receipt of a petition
regarding disagreement with any county medical examiner's/investigator's
ruling, the State Medical Examiner will immediately contact the county medical
examiner/investigator in question and discuss the case. County medical
examiners/investigators themselves may contact the State Medical Examiner if
they know that such a petition is going to be submitted. County medical
examiners/investigators should submit any additional documentation,
photographs, or other material as may be deemed necessary, in order to
adequately review the case.
2. The
State Medical Examiner will conduct an investigation and review of the case
which, in his/her discretion, may involve consultation with Forensic Laboratory
personnel, Attorneys, Firearm experts, Anthropologists, and other individuals
or agencies who might be able to provide helpful analysis and
information.
3. Upon completion of
his/her investigation and review, the State Medical Examiner will submit a
detailed conclusion in writing with copies both to the county medical
examiner/investigator in whose jurisdiction the death occurred and to the
petitioner. If a change in the Death Certificate is deemed warranted by the
State Medical Examiner, on the basis of his investigation, such change will not
be submitted to the State Board of Health for a period of no less than thirty
(30) days, during which all parties involved will have an opportunity to submit
additional information or points for discussion.
