LeBlanc v. Commonwealth
LeBlanc v. Commonwealth
Opinion of the Court
On May 21, 2001, Joseph LeBlanc, Jr. (Joseph, Jr.), the son of the plaintiffs, Joseph and Marilyn LeBlanc (LeBlancs), was killed in the crash of a small airplane in Danvers. Also
The LeBlancs’ attorney notified the OCME of the LeBlancs’ concerns. The LeBlancs allege that, after reviewing the original notes from the autopsy, the OCME learned that the penis had been circumcised, and revised the autopsy report to so state, but did not notify the LeBlancs or their attorney of the revision, or provide them with a copy of the revised report.
The LeBlancs filed a negligence action in the Superior Court against the Commonwealth under the Massachusetts Tort Claims Act, G. L. c. 258, § 2, seeking compensation for the cost of the exhumation, the DNA testing, and the forensic examination of the remains, and for their emotional distress.
Statutory framework. Under G. L. c. 38, § 2, the chief medical examiner “shall establish a comprehensive system to deliver medicolegal investigative services in the commonwealth,” which includes conducting autopsies to investigate and certify the cause of death. See Macrelli v. Children’s Hosp., 451 Mass. 690, 691 (2008). When notified of a death occurring under one of the circumstances set forth in G. L. c. 38, § 3, including “death by accident,” the OCME “shall carefully inquire into the cause and circumstance of the death.” G. L. c. 38, § 4. “If, as a result of such inquiry, the chief medical examiner or such designee is of the opinion that the death was due to violence or other unnatural means or to natural causes that require further investigation, he shall take jurisdiction.” Id. When taking jurisdiction:
“The medical examiner shall be responsible for making arrangements for transport of the body. The district attorney or his law enforcement representative shall direct and control the investigation of the death and shall coordinate the investigation with the [OCME] and the police department within whose jurisdiction the death occurred. Either the medical examiner or the district attorney in the jurisdiction where death occurred may order an autopsy. Cases requiring autopsy shall be subject to the jurisdiction of the office for such purpose.”
Id.
Autopsy reports are not “[pjublic records” subject to disclosure under G. L. c. 4, § 7, Twenty-sixth (c). G. L. c. 38, § 2. See Globe Newspaper Co. v. Chief Med. Examiner, 404 Mass.
When the chief medical examiner or any employee of the OCME acts in accordance with these regulations in providing an autopsy report to anyone legally entitled to receive it, he shall not be subject to “civil or criminal liability for lawfully disclosing an autopsy report or any part thereof.” G. L. c. 38, § 2.
“After investigation or examination by the [OCME], the body shall be released to the person with the proper legal authority to receive it, including the surviving spouse, the next of kin, or any friend of the deceased, who shall have priority in the order named.” G. L. c. 38, § 13.
Discussion. On appeal, the LeBlancs concede that the OCME did not owe them a duty of accuracy in the preparation of the autopsy report.
The OCME concedes that the statutory obligation under G. L. c. 38, § 13, to release the decedent’s body to the person with the proper legal authority to receive it implies a duty to provide the actual body of the decedent, and not another dead body.
Stripped to its essence, the LeBlancs’ claim rests on the OCME’s failure to notify them of the correction of an error in the autopsy report or to provide them with a copy of the corrected report. We conclude that this claim is barred by the statutory provision that shields the OCME and its employees from liability “for lawfully disclosing an autopsy report or any part thereof.” G. L. c. 38, § 2.
This exemption from liability reasonably could be interpreted narrowly or broadly. If read narrowly, it merely shields the OCME and its employees from liability against those who claim that the OCME should not have disclosed an autopsy report, even though the disclosure was lawful. If read more broadly, it shields the OCME and its employees from liability for claims that arise from the lawful disclosure of an autopsy report, including claims that the OCME was negligent in reaching the findings or conclusions in the report. We conclude that the broader
Where a death is “due to violence or other unnatural means or to natural causes that require further investigation,” and the chief medical examiner takes jurisdiction and orders an autopsy pursuant to G. L. c. 38, § 4, the rights of the surviving spouse and next of kin are subordinated to the “paramount” public interest in obtaining the truth as to the manner and cause of death. Gahn v. Leary, 318 Mass. 425, 428-429 (1945). If the surviving spouse or next of kin could file a complaint against the OCME concerning the content of an autopsy report, the paramount public interest in obtaining the truth would be compromised by the fear of liability, especially if the truth were to reveal a cause of death that the family is unwilling or unable to accept.
Even if liability were limited to the correction of errors in the autopsy report, the OCME’s obligation to discover and report the truth would still be compromised, because family members may demand correction of what they would characterize as errors but what the OCME may see as facts that are difficult for the decedent’s family to accept, but that are nonetheless true. When investigative information, such as the cause of death, is critically important to effective law enforcement and the pursuit of justice but painful to hear or difficult to believe for a decedent’s grieving family, it is reasonable for the Legislature to conclude that the accuracy and integrity of such investigative information requires that the OCME be shielded from liability arising from claims brought by family members challenging the content of the autopsy report.
Although this limited exemption from liability arises from
Because we conclude that neither the chief medical examiner nor any employee of the OCME may be liable for any claim arising from the lawful disclosure of an autopsy report, and because the Commonwealth may be liable to the plaintiffs here under G. L. c. 258, § 2, only for the liability of the chief medical examiner and OCME employees, we affirm the dismissal of the plaintiffs’ claims against the Commonwealth. We also affirm the dismissal of the plaintiffs’ claims against Philip as an individual. Although the second amended complaint alleges that Philip was an independent contractor of the OCME, it also alleges that he was a medical examiner and that he examined the remains of Joseph, Jr., and signed the autopsy report in his capacity as a medical examiner. While G. L. c. 38 does not define the word “employee,” we conclude that the Legislature understood that medical examiners would be among those employees protected by the prohibition against liability in § 2. See Rep. A.G., Pub. Doc. No. 12, at 46-47 (1948). See also Gahn v. Leary, 318 Mass. 425, 429 (1945) (medical examiner considered “public officerQ”).
Conclusion. We affirm the judgment dismissing the plaintiffs’ claims.
So ordered.
The LeBlancs later learned from the pilot’s family that his body had been cremated.
The defendants deny this allegation.
The LeBlancs’ initial complaint also included claims alleging reckless infliction of emotional distress. They do not appeal from the dismissal of these claims.
The LeBlancs waived any challenge to the dismissal of their claims against Alexander Chirkov, but press their appeal as to the dismissal of the negligence claim against Abraham Philip.
Specifically, the LeBlancs acknowledge that the office of the chief medical examiner (OCME) had no duty to correctly identify the presence, or lack thereof, of the foreskin in the autopsy report.
The OCME made this concession at oral argument.
Consequently, when the LeBlancs learned from the autopsy report that the decedent delivered to them had not been circumcised, they could have filed a civil action under G. L. c. 38, § 13, contending that the OCME committed a breach of its legal duty to provide them with the body of their son. If such a civil suit had been initiated, the error regarding circumcision presumably would have been discovered and made known to the plaintiffs early in the course of discovery. Instead, the LeBlancs chose to cause their attorney to inform the OCME of their concerns regarding the true identity of the body that had been delivered and, hearing nothing from the OCME in reply, obtained a court order to exhume the body and test the DNA of the remains.
The historical context in which this provision was enacted is consistent with our broader interpretation. In June, 1995, the Legislature approved revisions to G. L. c. 38, § 2, including the provision that the OCME is exempt from civil or criminal liability for lawfully disclosing an autopsy report. St. 1995, c. 38, § 56. Yet, in October, 1994, when the Executive Office of Public Safety, which oversees the OCME, recommended that the Legislature make modest changes to G. L. c. 38, § 2, the legislation it proposed did not exempt the OCME from liability for lawfully disclosing an autopsy report. Legislative Recommendations of the Department of State Police, 1995 House No. 212 at 3. The legislative revisions that exempted the OCME from liability were contained in a June, 1995, amendment to an appropriations bill. The amendment came in response to published reports that questioned whether the OCME had
Reference
- Full Case Name
- Marilyn LeBlanc & another v. Commonwealth & another
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- Published