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Page 279


                              CHAPTER 7 - MEDICOLEGAL ISSUES AND AIDS


               DEATH INVESTIGATION AND CERTIFICATION IN AIDS

                       The medical examiner-coroner may need to conduct a comprehensive investigation,
               including an autopsy, in some deaths of HIV-infected persons.  When an established diagnosis of
               AIDS by definitional criteria can be documented, an autopsy with histological confirmation of
               diagnosis may not always be necessary.[391,392]  However, in cases in which the diagnosis is in
               doubt or in which death occurred under suspicious circumstances, an autopsy should be
               performed.  Investigation of deaths with HIV infection from job-related or accidental parenteral
               exposure to blood or blood products require an autopsy with histopathologic and/or laboratory
               confirmation of findings to prepare for possible litigation by surviving family who may
               challenge the medical examiner's determination of the cause and mode of death.
                       A thorough external examination of the body may reveal typical findings with AIDS such
               as cachexia, needle tracks of intravenous narcotism, onychomycosis of nails, or skin lesions
               typical of Kaposi's sarcoma.  However, not all skin lesions appearing to be KS on gross
               examination are confirmed by microscopy.  Use routine CDC criteria for AIDS as a guide in
               death investigation to search for data to confirm or exclude AIDS.[391,392]  The presence of a
               medical record may document specific clinical findings, laboratory testing, or tissue diagnoses.
               In some states, reporting of laboratory testing for HIV may be strictly regulated, limiting
               availability of medical data.  In the absence of definitive documented findings in available
               records, an internal examination should still be performed when doubt exists concerning either
               mode or underlying cause of death.[1092]
                       Additional information may be obtained either from autopsy with microscopic
               examination and/or postmortem microbiologic cultures of tissues or fluids or from postmortem
               laboratory testing for HIV infection, or both.  Postmortem testing for HIV infection can be done
               on sera from blood, vitreous humor from the eye, and bile from gallbladder.  Samples are stable
               at room temperature for at least one month.  Testing by enzyme immunoassay and Western blot
               (WB) for antibodies to HIV is performed similarly to screening pre mortem samples.[1103,1104]
                       Viral culture of blood, fluids, or tissues for HIV is definitive for diagnosis of infection,
               but is difficult to perform and has very limited availability.  If specimens for enzyme
               immunoassay or other serologic testing are not obtained at the time of autopsy, then  HIV
               detection by in situ hybridization, polymerase chain reaction, and immunohistochemical methods
               can be carried out in formalin-fixed and paraffin embedded tissues--even years later.
               Microbiologic culture of opportunistic infectious agents in tissues or fluids is typically available
               in many laboratories for all agents except Pneumocystis jiroveci (carinii), Toxoplasma gondii,
               Isospora belli, and Cryptosporidium.  Most of the remaining agents require special media,
               complex procedures, and several weeks' time for definitive results.[379,380,364]


               DETERMINATION OF CAUSE AND MODE OF DEATH WITH HIV INFECTION

                       Not all deaths in which HIV is present are caused by HIV.  The proportion of deaths from
               AIDS-related causes has decreased when antiretroviral therapy (ART) is widely available, and
               non-AIDS conditions may account for at least a third of deaths, and may include non-natural
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