12.1 Introduction into the Coroner's Court Flashcards
Following a death when would a Coroner coduct an investigation?
- The deceased died a violent or unnatural death
- The cause of death is unknown
- The deceased died while in custody or state detention which no longer includes DoLS
When would a registered medical practitioner notify the Coroner of a person’s death?
- The deceased died a violent or unnatural death
- The cause of death is unknown
- The deceased died while in custody or state detention which no longer includes DoLS
- The identity of the deceased cannot be ascertained
Under the Coroner’s & Justice Act 2008 what investigations should of been done?
- Conclude by discontinuing if the death is natural
- Conclude with an Inquest if the death is unnatural / violent / in State Detention
Who & when can a MCCD be issued?
A registered and licensed medical practitioner if;
- The patient died of NATURAL CAUSES
- The doctor has seen the patient within 14 days OR has seen the body after death
Cause of death to the best of your knowledge and belief
What is the definition of a death by natural causes?
- A death is typically considered to be unnatural if it has not resulted entirely from a naturally occurring disease process running its natural course, where nothing else is implicated.
EXCEPTION
- Public policy / practice has decreed that certain deaths which might be regarded as unnatural are considered natural e.g. death as a result of tobacco smoking* and *death due to alcoholism
- A death although apparently due to natural causes will not be so if the death was wholly unexpected and may have resulted from a culpable human failure
What are the steps in a Coroner’s process?
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ENQUIRY
- Issue a MCCD then instruction to issue Form 100a
- If know cause of death
- Inquest without post mortem
- If don’t know cause of death
- POST MORTEM (hospital/independent/forensic)
- If know cause of death
- Issue a MCCD then instruction to issue Form 100a
-
INVESTIGATION
- What are the full circumstances surrounding the death?
- Do we need a Post-mortem examination?
If so, what type? Who by? - Many more questions to address…
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INQUEST
- WHO died
- WHEN they died
- WHERE they died
- In WHAT circumstances i.e. how they came about their death
What is the role of a Coroner’s officer?
- Manage enquiries
- Facilitate the investigation process
- Liaise and support the family during the investigation / inquest process
- Liaise with witnesses and ensure appropriate disclosure
- Administrate the inquest hearing
OTHER ROLES
- Deaths abroad
- Safeguarding children and vulnerable adults
- Mass Fatalities, ID Commission, Temporary Mortuary
- Organ/tissue Donation
- Treasure
What is a Form 100a?
This is a form from the coroner informing the registrar that they are aware of the death but no further investigation is necessary and permission has been given to the doctor to issue the Medical Certificate
What is the purpose of a post-mortem examination & what does it involve?
- The purpose of a PME is to confirm the medical cause of death (and sometimes to confirm identification)
- Macroscopic and microscopic examinations
- Tissue retention
What happens in an unnatural cause of death?
INQUEST IS MANDATORY
What is the exception where an inquest CAN be made with a Jury?
- Died in custody or state detention AND death is violent, unnatural or of unknown cause
- Death resulted from an act or omission of a police officer in the purported exercise of their duty
- Death caused by a notifiable accident, poisoning or disease
- Coroner thinks there is sufficient reason for doing so
What do doctors have to say during an inquest for a death?
- A fact finding not fault finding inquiry
- Give a clear and logical timeline of events
- Open and honest
- Full disclosure
- Time spent at the outset may save time (and money) in the long run
- Professional not expert witness
- Extension of your duty of care to patient
What is neglect?
A gross failure to provide adequate nourishment or liquid or provide basic medical attention or shelter or warmth for someone in a dependent position (because of age youth illness or incarceration) who cannot provide it for himself
When you are called to the stand in court what do you have to do?
- Required to take an oath in accordance with your religion to tell the truth, the whole truth and nothing but the truth
- If no religious belief or do not want to take the oath you must make a solemn affirmation to the same effect
