Legal issues in sudden death Flashcards
What is death?
biological process, not an event
no statutory definition exists
‘the irreversible loss of the capacity for consciousness, combined with the irreversible loss of the capacity to breathe’
Define brainstem death
‘the irreversible cessation of the integrative function of the brain stem equates with death…and allows the medical practitioner to diagnose death’
What is PSIRF?
patient safety incident response framework
What does the serious incident framework do (PSIRF)?
doesn’t apportion blame
focus on learning and improvement
sets out timescales for investigations to be completed
adopts the RCA approach
patient at the centre of the investigation - duty of candour
What 4 things must be established for a conviction of gross negligence manslaughter
doctor owed a duty of care
breach of duty
causes or significantly contributes to death
breach amounts to gross negligence and is therefore a crime
it is a question for the jury to decide
What is corporate manslaughter?
organisations, not individuals can be prosecuted
an organisation is guilty of an offence, if the way in which its activities are managed or organised:
- causes a person’s death
- amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased
What is the MCCD?
medical certificate of the cause of death
enables a family to register the patient’s death
permanent legal record
allows family to arrange the funeral
deaths must be registered within 5 days, unless reported to the coroner
Who cannot complete an MCCD?
not seen patient in last 28 days
not seen body after death
Common MCCD errors
avoid ‘old age’
never use ‘natural causes’ alone
avoid ‘organ failure’ alone
avoid terminal events, modes of dying (eg. cardiac/respiratory arrest, syncope, shock)
never use abbreviations or symbols
What is a coroner and what do they investigate?
independent judicial officers of the crown
has a duty to investigate any deaths:
- violent or unnatural
- cause is unknown
- person died in custody or state detention
inquest completed within 6 months
What is an unnatural death?
no legal definition
need a suspicion of foul play or other wrong doing
include:
- medical treatment for non fatal condition which leads to death
- respiratory disease (asbestosis) due to employment
What is a violent death?
involves an injury of some sort:
- deliberate killing
- accident (eg. cut, fall, RTA)
- struck by lightening
What does the coroner need to ascertain in an inquest?
- who the deceased was
- how, when and where the deceased came by his or her death
- medical cause of death
- the conclusion (verdict)
- the particulars (if any) required by the 1953 Act to be registered concerning the death
Possible inquest conclusions (verdicts)
no definitive list
common ones:
- natural causes
- accident/misadventure
- industrial disease of…
- dependence/misuse of drugs
- killed himself
- killed unlawfully
- open verdict insufficient evidence - case left open
- neglect
- narrative verdict (brief description of factual events)
