Death and the law Flashcards
What is the role of medical examiners?
- contacted by doctor who writes death certificate
- conducts independent review of patient’s circumstances
- 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)
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?
Do most cases involving the coroner go to court?
tend not to go to court
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
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
