Benson
Benson v. Superior Court
Opinion
Opinion
Reardon, J.
A county coroner conducting an inquiry into cause of death has no duty to obtain consent from next of kin before retaining a part of the decedent’s body to determine cause of death, or for scientific investigation or coroner training. We therefore grant the petitions for extraordinary relief filed by defendants in the underlying action and direct the trial court to enter judgment for defendants.
BACKGROUND
Twenty-three-year-old Nicholas Picon died unexpectedly at home. On October 26, 2006, defendant Peter A. Benson, M.D., a forensic pathologist, performed a postmortem exam on behalf of the San Mateo County Coroner’s Office. Dr. Benson had performed postmortem exams under contract with the county since 1968.
Dr. Benson found a “structural abnormality” in Nicholas Picon’s heart during the course of the postmortem exam. Dr. Benson decided to retain the heart for further examination. He also ordered toxicology tests.
Three days later, Dr. Benson reexamined the heart. He took tissue samples and sent them to an outside laboratory for preparation of biology slides.
By November 9, 2006, Dr. Benson had received the biology slides and the toxicology test results (“negative for…