« Ind. Decisions - Upcoming oral arguments this week and next | Main | Ind. Law - "It's the Law: No guns for domestic batterers" »

Monday, July 06, 2009

Ind. Courts - "Backlog of cases extends toxicology test results: Toxicology tests often take weeks, months to complete"

So reports Tom Moor of the South Bend Tribune today in this story. Some quotes:

When a death investigation is being played out every day in the local or national media, perhaps the two words that can cool the story down the quickest are: toxicology tests.

Whether it's for the "King of Pop" Michael Jackson or local ophthalmologist Dr. Philip Gabriele, toxicology reports — which allow officials to see whether drugs were in the person's system — often take weeks.

The common mantra among officials, national or local, is six to eight weeks. The Indiana state lab right now has a delay of 12 to 18 weeks.

So how long does a toxicology report actually take? According to one expert, only about a week to 10 days, usually. Sometimes just a day or two.

Then what causes the delay?

"It's just because of a backlog in cases," said Dr. James Klaunig, who is a Robert B. Forney professor and director of toxicology and an associate director of the Cancer Center at Indiana University.

Klaunig said four to eight weeks is reasonable, and he isn't sure how the state lab could be as backed up as it is. He added that aside from the logjam, individual cases can take longer if pathologists find an unusual drug. * * *

South Bend Medical Foundation forensic pathologist Dr. Joseph Prahlow said it can take a couple of days to a week in some places, to upwards of two months in other areas, based on

a number of factors, most notably how busy the laboratories are. He added that four to six weeks is typical.

Prahlow said toxicology tests are broken down into two parts: a screening test and a confirmatory test. The screening test will identify what substances are in the body, such as cocaine. The confirmatory test will confirm that the drug the is, indeed, in the body and how much was found.

If no drugs are found, the case can go quickly, Prahlow said. But when multiple drugs are discovered, the samples may need to be shipped to a reference lab in a different city or state for further testing.

Prahlow said confirming prescription drugs in the system is relatively easier than finding multiple drugs.

"A lot of it depends on the type of substance you're testing for and how thorough the screen is," Prahlow said.

In a case involving police, pathologists also have to make sure their evidence will stand up in court, which could also prolong the exam.

Posted by Marcia Oddi on July 6, 2009 08:42 AM
Posted to Indiana Courts