SC high court will rule on autopsy reports

Associated Press

COLUMBIA, S.C.

Are autopsies medical records or public records?

South Carolina’s Supreme Court will begin grappling with that question Wednesday, when it hears a lawsuit by a Sumter County newspaper against the county’s coroner.

The Item newspaper wants the high court to toss out a lower court’s ruling that said autopsies do not have to be made public because they do not fall under the state’s Freedom of Information Act.

The coroner says autopsies should be considered medical records that are exempt from public view. The newspaper says autopsy reports are investigative tools, not medical records.

Open-records advocates say the Sumter County case is an example of government officials making it harder to get public documents.

It’s a debate that is far from settled nationally. About 15 states across the U.S. allow the public release of an autopsy report. About a half-dozen other states allow the release of reports not being used as part of a criminal investigation.