Despite being a forensic pathologist, I (and many of my colleagues) still consider our work “patient care.” The people we autopsy are our patients, even though they have not actively sought care. Knowing this, forensic pathologists understand that we still must maintain our patient’s dignity and provide compassionate care, even after their death. Not infrequently, they are people who, in life, avoided doctors and hospitals for many reasons – a distrust of mainstream medical establishments, financial insecurity, previous negative experiences with medical care, or a combination of all three. Yet because they have no documented medical history or physician to sign their death certificate, we are the last doctor they see.
Transgender people, unfortunately, often fall into this category. Studies have shown that transgender people are more likely to experience poverty and food insecurity, and they have often had negative experiences while seeking healthcare. There is data to suggest that transgender and other gender diverse individuals are at increased risk of violent death, including homicide and suicide.
Before continuing, it may be helpful to review some definitions. “Sex” refers to the phenotypic markers of one’s chromosomes. In contrast, “gender” refers to a self-assigned identity, based on societal constructs of expected appearances and behaviors. At birth, one’s assigned gender often defaults to the phenotypic sex. As one becomes older, people may begin to realize that their gender identity and manner of expression differs from the gender assigned at birth – and hence, they may self-identify as “transgender” or “non-binary”.
Unfortunately, the available evidence regarding health risks for transgender people is limited by the lack of data collection in death investigation. Death certificates in most states do not offer a “transgender” or “non-binary” option. Legally the physician signing the certificate may be compelled to put the assigned gender at birth, if it was never formally changed on legal identification documents. Some national databases of violent or drug-related deaths include a checkbox to mark an individual as non-binary or transgender, but this may be omitted if the person entering the data is unsure of the definition or is unaware of the decedent’ gender identity. Additionally, transgender people are often misgendered in investigative and media reports. This has been described as a “nonconsensual detransitioning”, which leads some transgender individuals to worry about how they will be remembered after death.
This misgendering and erasure of an individual’s identity contributes to two distinct problems. The first problem is direct harm to the deceased, by disrespecting their self-identity, and contributing to distrust of the medical profession by the transgender community. The second is a lack of quality public health data to enumerate risks and identify where preventative efforts are best focused.
It is only within the past 5 to 10 years that changes are being made to infrastructure systems to better collect this data. There are also increasing efforts to educate death investigators on documenting and asking questions about sexual orientation and gender identity (aka “SOGI”) data. In death, we have an obligation not only to maintain the dignity of our patient, but to collect accurate and complete data to identify existing threats to public health. Government executive orders notwithstanding, transgender and non-binary people exist. And they deserve compassionate and affirming medical care, in both life and death.
REFERENCES
Fedor, Juniper MS, PA (ASCP)CM; Krywanczyk, Alison MD; Redgrave, Anthony EdD. Gender Identity in Forensic Death Investigation: A Narrative Review and Suggested Guidelines for Documenting and Reporting. The American Journal of Forensic Medicine and Pathology 45(3):p 231-241, September 2024.
Blosnich, John R. PhD, MPH; Butcher, Barbara A. MPH; Mortali, Maggie G. MPH; Lane, Andrew D. MSEd; Haas, Ann P. PhD. Training Death Investigators to Identify Decedents’ Sexual Orientation and Gender Identity: A Feasibility Study. The American Journal of Forensic Medicine and Pathology 43(1):p 40-45, March 2022.
Rummler, Orion. ‘They’re erased’: When trans people are misgendered after death, the consequences extend beyond paper. The 19th. Published Jan. 11 2023. Available at:https://19thnews.org/2023/01/trans-people-misgendering-death-certificates/
Walters, Jaime K. MPH; Mew, Molly C. MPH; Repp, Kimberly K. PhD, MPH. Transgender and Nonbinary Deaths Investigated by the State Medical Examiner in the Portland, Oregon, Metro Area and Their Concordance With Vital Records, 2011-2021. Journal of Public Health Management and Practice 29(1):p 64-70, January/February 2023.
Alpert AB, Mehringer JE, Orta SJ, Hernandez T, Redwood EF, Rivers L, Manzano C, Ruddick R, Adams S, Sevelius J, Belanger E, Operario D, Griggs JJ. Transgender People’s Experiences Sharing Information With Clinicians: A Focus Group-Based Qualitative Study. Ann Fam Med. 2023 Sep-Oct;21(5):408-415. doi: 10.1370/afm.3010.

-Alison Krywanczyk, MD, FASCP, is currently a Deputy Medical Examiner at the Cuyahoga County Medical Examiner’s Office.





