Death and the law Flashcards
What is the role of medical examiners?
- contacted by doctor who writes death certificate in all cases
- conducts independent review of patient’s circumstances
- Doctor must raise concerns known about the care
- Doctor and medical examiner discuss wording and decice on the cause of death
- Medial examiner discusses cause of death with the family
- then doctor can write the MCDD (death certificate)
MCCD - medical certificate of cause of death
In GP - doesnt have to speak to medical exmainer? And can go straight to coronor
Medical examiners are senior medical doctors who are contracted for a number of sessions a week to provide independent scrutiny of the causes of death, outside their usual clinical duties. They are trained in the legal and clinical elements of death certification processes
Can you refer to the coroner directly?
No, need to go through medical examiner who discusses the case with you before the case goes to the coroner
Indications for referring to the coroner
- died from a recognised complication of a procedure
- *obviously if not recognised complication then doesn’t need to be referred*
- Allegation of medical negligence
- medical intervention that appear to have played a role in causing/ accelerating death
- Any case that has occurred on the background of **trauma **or violence
- eg a fracture in an elderly lady - could have been pushed etc.
- Any element of suspicion/ unusual factors
- Death whilst being detained by the state - MHA, prison, young offenders institution, police cells
DO coroner’s need to have a medical background?
no
Do most cases involving the coroner go to court?
tend not to go to court “inquest”
Do coroners have to investigate if families raise concerns about healthcare?
Nah- only depending on the level of the concern
Does post mortem require the consent of the family?
No
Who appoints a coroner
Local coucil
Would coroner investigate if “uncertain” cause of death, but doctor has proposed a cause
Sometimes wont investigate…
What does the human tissue act advocate for?
You need consent for examination, removal, storage and ANY type of use – teaching, research, audit, clinical governance etc
Hierarchy of consent:
Partner/ spouse
Parent/ Child
Sibling
Grandparent/ grandchild
Niece/ Nephew
Step-parent
Half sibling
Friend of longstanding
Hospital vs coroner post mortem - which one needs consent?
Hosptal needs consent - either from person before they died or from their next of kin
Coroner does not need consent
Part 2 of a death certificate
Significant conditions that may have contributed to 1
(eg. Diabetes)
Is Organ donation opt in or out?
Opt out system
(if opted in - means it can procede but doesnt have to procede)
If opted out - as long as competent decision - cannot be overridden
Wing may kong has slides need to read before path
