NASCAR, Public Records and Autopsy Photos

"So how did you get into pathology?"

"I just sort of fell into it." said Dr. Vernard Adams.

That brand of dry humor, made the trip to the Hillsborough County Medical Examiner Complex that much more enjoyable.



Unfortunately at times, due to space constraints I had a difficult time hearing and seeing what Dr. Adams had to say. That being said I think I learned enough valuable information to make my blog somewhat enjoyable.

To start it is perhaps most important to understand what exactly a Medical Examiner does. According to Florida Statute 406.11 the Medical Examiner in the district in which the death occurred or where the body was found is to determine the cause of death when a person dies from the following:

Criminal violence
Accident, suicide or poison
Suddenly, when in apparent good health
Unattended by a practicing physician or other recognize practitioner
In any prison or penal institution
In any suspicious or unusual circumstance
By criminal abortion
By disease constituting a threat to public health
By disease, injury or toxic agent resulting from employment

Any death that falls into one of these categories, under this statute, provides the Medical Examiner with the authority to perform the autopsies or laboratory examinations deemed to be in the public interest.

During this trip I was also able to learn a good deal about public records and what is and is not made readily available.

For instance, autopsy reports are public record, and up until 2001 autopsy photographs were also public record. However, due to the media frenzy surrounding the death of NASCAR racer Dale Earnhardt congress changed this law making autopsy photos illegal to the public.



Earnhardt's widow filed a Complaint for Declatory and Injunctive Relief
which slapped an injunction prohibiting disclosure or dissemination of any of the autopsy photos.

The Orlando Sentinel which had previously been investigating safety in auto-racing had earlier requested autopsy photos (as per usual) to further investigate their story and this injunction prevented them from proceeding. In response the Sentinel filed a Motion to Intervene

Long Story short Mrs. Earnhardt was able to pass new law in Florida that prevented autopsy photos from becoming public record, in what chiefly seems to be due to her husbands celebrity status.

I also learned that there are two death certificates. The medical death certificate that includes cause of death is not public record, however the memorial death certificate is available to the public.