Are Autopsy Reports Public in Michigan? (2026 Guide)

Michigan autopsy and toxicology reports are public records that any member of the public can obtain through a Michigan Freedom of Information Act (FOIA) request. The Michigan Supreme Court confirmed this in Swickard v. Wayne County Medical Examiner (1991), holding that autopsy reports and toxicology results must be disclosed under FOIA. Next of kin often get a simpler request path at the county medical examiner office, and an office may still redact privacy details or delay release tied to an active law enforcement investigation under a specific FOIA exemption in MCL 15.243.

Are Autopsy Reports Public in Michigan?

Michigan autopsy reports are public records. The Michigan Supreme Court held in Swickard v. Wayne County Medical Examiner, 438 Mich. 536 (1991), that autopsy reports and toxicology test results must be disclosed under the Michigan FOIA, and that releasing them is not a clearly unwarranted invasion of the decedent's or family's privacy. The court also found there is no physician-patient privilege for an autopsy.

That means any member of the public, including attorneys, researchers, and journalists, can request the report through the Michigan Freedom of Information Act (FOIA) from the county medical examiner where the death occurred. The operative provision is MCL 15.233(1), which gives a person the right to inspect, copy, or receive copies of a public record after submitting a written request that describes the record well enough for the public body to find it.

The deceased's next of kin often have a simpler path: many county offices will send a copy to the nearest relative on request when the report is complete. They do not, however, have a superior legal right of access, because the report is an open record either way. An office may still redact narrow privacy material under MCL 15.243(1)(a) or delay release under the investigating-records exemption at MCL 15.243(1)(b) while an active law enforcement investigation is pending.

Because Michigan runs this system county by county, the exact forms, fees, and turnaround vary between offices. Always confirm the procedure with the specific county medical examiner where the death occurred.

Who Performs Autopsies in Michigan? (Medical Examiner vs Coroner)

Michigan uses a medical examiner system, not a coroner system, and it is organized at the county level. Under the County Medical Examiners Act (Act 181 of 1953, MCL 52.201 et seq.), each county has a medical examiner who must be a physician, and there is no statewide medical examiner position.

The county medical examiner is required to investigate certain deaths. These include deaths by violence, unexpected or unexplained deaths, deaths where no physician attended the person during the year before death (or, for someone under home hospice care, during the 48 hours before death), and deaths resulting from abortion.

An autopsy is not automatic. The statute says the medical examiner "may perform or direct to be performed an autopsy," so the decision is made case by case based on the circumstances and what is needed to determine the cause and manner of death.

When an autopsy is performed, the medical examiner reduces to writing each fact and circumstance showing the condition of the body and the cause and manner of death. Toxicology testing is ordered separately when needed, which is one reason a final report can take weeks.

When an Autopsy Happens

Sudden, violent, suspicious, or unattended deaths are the typical triggers. A natural death where a treating physician can certify the cause usually does not go through the medical examiner at all, which is why most deaths never generate an autopsy report.

Who Can Request a Michigan Autopsy Report?

Next of kin have the simplest practical path, not a stronger legal right. County medical examiner offices generally release one free copy of the investigator, autopsy, and toxicology reports to the nearest surviving relative once the case is closed, usually without requiring a formal written request.

Anyone who is not next of kin must use the Michigan Freedom of Information Act. That includes attorneys not representing the family, insurers, researchers, members of the media, and the general public.

Because autopsy reports are open records under Swickard, a FOIA requester is generally entitled to the report. An office may still redact narrow privacy material under MCL 15.243(1)(a) or, in an active homicide investigation routed to the prosecutor, delay release under the investigating-records exemption at MCL 15.243(1)(b). A separate provision, MCL 52.202(4), exempts medical records and other documents the medical examiner obtains from other sources during an investigation, which is narrower than the examiner's own autopsy report. A blanket denial is the exception rather than the rule. For broader context on how states handle this, see Are Autopsies Public Records?.

How to Get an Autopsy or Toxicology Report in Michigan

Start with the county medical examiner office for the county where the death occurred, because Michigan has no central repository. Identify whether you are requesting as next of kin or as a member of the public, since that determines the path.

If you are next of kin, contact the office and ask for a copy once the case is closed. Many offices send one copy of the investigator, autopsy, and toxicology reports to the nearest relative at no cost.

If you are not next of kin, file a Michigan FOIA request with that county office. Some offices accept requests through an online report request center; others require a written request by mail. Standard FOIA copying and labor fees may apply, so ask the office for its fee schedule before submitting.

Expect to wait. Autopsy reports are commonly finalized within 60 days, and some take up to 90 days or longer when toxicology or additional studies are involved. A report tied to a pending investigation can be held until the case is closed.

Pending or Open Cases

If the death is still under active investigation, the office can lawfully delay release. Toxicology results in particular often take weeks, and the final report is not issued until testing and review are complete.

Autopsy Report vs Death Certificate in Michigan

An autopsy report and a death certificate are two different documents. The death certificate is a vital record that lists basic facts plus a short cause-of-death and manner-of-death line, and it is issued through Michigan vital records and local clerks.

The autopsy report is the full forensic and medical document behind that conclusion. It can run many pages and includes detailed examination findings, microscopic and toxicology results, and the medical examiner's analysis.

Access also differs, and not in the direction most people expect. A certified death certificate has its own eligibility rules through Michigan vital records that limit who may obtain a certified copy. The autopsy report is held by the county medical examiner and is an open public record under FOIA, so any member of the public can request it under MCL 15.233. For the certificate side, see Michigan Death Records.

Michigan Autopsy Report Facts

Disclaimer: This page provides general information about Michigan autopsy and medical examiner reports and is not legal advice. Procedures, fees, and release rules vary by county and can change. Always verify the current process with the county medical examiner office where the death occurred.

Sources

This page draws on the Michigan Legislature (Act 181 of 1953, MCL 52.201 et seq.; Michigan Freedom of Information Act, MCL 15.233 and MCL 15.243), the CDC Public Health Law Program's summary of Michigan medical examiner law, and Michigan county medical examiner offices.