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- CAP Signs on to Amicus Brief Protecting Forensic Pathologists
The CAP signed on to an amicus brief in support of immunity for forensic pathologist and CAP member, Darshan R. Phatak, MD, FCAP, in a case that could have broader negative repercussions for the forensic pathology community.
In 2017, Dr. Phatak, a county-employed medical examiner in Texas, compiled an autopsy report on a woman who died of a gunshot wound, in which he determined homicide to be the cause of death. Following a criminal trial that resulted in a hung jury, the medical examiner's office changed the autopsy report to indicate the cause of death was "undetermined." The charges against the defendant were dropped and the defendant filed suit against Dr. Phatak.
At the time, the CAP and other medical organizations filed an amicus brief in support of Dr. Phatak, and with the case back in the Fifth Circuit Court, the CAP is once again signing on to an amicus brief.