Analyse des prélèvements biologiques médico-légaux : quel cadre juridique à l’ère de la qualité?

Abstract

Medico-legal autopsy sometimes requires the use of the Parasitology-Mycology specialty. Two recent medico-legal clinical cases, involving this specialty, have questioned us. First of all, may a non-conformity biological analytical (compared to accepted and accredited standards by COFRAC) fail the whole biological expertise, and thereafter, the medico-legal expertise of the file? The answer must consider that the raw result obtained as a result of a medical biology technique must be interpreted and discussed by the expert in the discipline (in this case by the parasitologist) before being included in the medical discussion and discussed by the medical examiner. The judgment is secondarily delivered by the judge according to his intimate conviction and without determining the probative value of the examination. Should a post-mortem biological examination be part of an expertise in medical biology or is it a technical and scientific examination? This answer is based on the previous one, considering the significant contribution of the expert who will bring his knowledge, interpreting and discussing the raw result. A simple technical and scientific examination would only provide the raw result without any assessment of the context and circumstances of the biological sample.