Medical Examiner Testimony

There are two primary issues regarding the admissibility of the testimony of a medical examiner or “coroner” regarding the cause and manner of death. The first is the qualifications of the expert. The position of coroner has historically been an elected or appointed government position with little or no requirements for medical expertise. A medical examiner is usually a physician and optimally a forensic pathologist. The second issue concerns the admissibility of medical examiner testimony as to the “manner” of death. Cause of death is a medical conclusion about the injury or illness that resulted in death. The manner of death is opinion testimony about how the injury resulting in death was inflicted. Administratively, that manner will be listed on the death certificate as natural, accident, suicide, homicide, or undetermined. It is not based on medical evidence but rather on ordinary facts supplied by the police or other nonmedical sources. While many courts routinely admit such opinions, they may not qualify under FRE 702 or Daubert analysis