Drug Induced Homicide Defense Toolkit
ii.
Toxicology as a tool
With or without an autopsy, toxicology testing should be performed to identify and quantify any substances in the body. Some coroner or ME offices may rule a death an overdose based on the results from a rapid drug test. However, screening tests alone provide incomplete evidence, as these types of screens are subject to both false positives and false negatives123--especially for opioids and benzodiazepines.124 Follow-up toxicology is incredibly valuable, particularly in a state requiring but-for causation. Toxicology results are essential in determining the cause of death, and counsel are highly recommended to consult a competent expert because toxicology results must be interpreted in the context of the circumstances surrounding death, the medical history, the scene of the death, and the autopsy findings.125 Knowledge of “human physiology and
123
Manon Ceelen et al., Post-mortem Toxicological Urine Screening in Cause of Death Determination, 30 Hum Exp Toxicol. 1165, 1171 (2011), https://pubmed.ncbi.nlm.nih.gov/21084528/. 124
Gary M. Reisfield et al., 'False-positive' and 'False-Negative' Test Results in Clinical Urine Drug Testing, 1 Bioanalysis, 937-52 (2009), https://pubmed.ncbi.nlm.nih.gov/21083064/. 125
Jonathan G. Thompson et al., Free Oxycodone Concentrations in 67 Postmortem Cases from the Hennepin County Medical Examiner’s Office, 32 Journal of Analytical Toxicology 673, 679 (2008), https://pubmed.ncbi.nlm.nih.gov/19007520/; See also Hilke Andresen et al., Fentanyl: Toxic or Therapeutic? Postmortem and Antemortem Blood Concentrations After Transdermal Fentanyl Application, 36 Journal of Analytical Toxicology 182, 188 (2012), https://academic.oup.com/jat/article/36/3/182/887968.
Disclaimer: All content is provided for informational purposes only and does not constitute legal advice
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