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 ruling, the
State Medical Examiner will immediately contact the County Medical Examiner in
question and discuss the case. Medical Examiners themselves may contact the
State Medical Examiner if they know that such a petition is going to be
submitted. Medical Examiners 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 Crime 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 Medical Examiner in
whose jurisdiction and 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.
