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Flashcards in death and the coroner Deck (28)
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1

what are the situations where a death is reported to the coroner?

when the cause is unknown, unnatural or violent, sudden or unexplained
when the person who died was not seen by a medical practitioner during their final illness, or 14days before or after so medical certificate not signed, where there is no certificate available
death during operation or before come out of anaesthetic
death that is suspected to be due to industrial poisoning or disease

2

what happens if the coroner decides it is clear what happened?

the doctor signs a medical certificate and takes it to registrar, the coroner issues a certificate to the registrar stating a post-mortem is not needed

3

where can a post mortem occur?

in a hospital or a mortuary

4

can an objection be placed against a coroners PM?

no but if you have asked then the coroner must inform you and the person's GP when and where the examination will take place

5

what form is signed by the coroner for a cremation?

cremation 6'

6

what happens after the coroner PM?

coroner releases the body for funeral once completed PM and no further examinations are needed. If released with no inquest then coroner sends form

7

when does the coroner hold an inquest?

if the cause of death is unknown
if the person died in police custody or prison
if the cause was violent or unnatural

8

when is the death registered?

after the inquest - coroner will send the relevant paperwork to the registrar

9

what happens until the death can be registered?

the coroner provides a interim death certificate to prove person is dead and then once completed PM will inform the registrar of what is to be put in register

10

what is the main role of coroners?

to assess who, when, where and how and ensure that the circumstances are fully, fairly and fearlessly investigated

11

what are the three divisions of court?

civil, criminal - these are adversarial
coroners - inquisitorial

12

what are the characteristics of a civil court?

they follow the national framework and parties commence cases. The pleadings define the issues and the judge acts as an umpire and gives the final judgement. The losing party will pay legal costs. There is a right to appeal

13

what are the characteristics of criminal court?

they follow the national framework to bring prosecution about. There is an indictment and the judge is the umpire but the jury decides on the verdict. The judge will impose the sentence if guilty

14

what are the characteristics of the coroners court?

the local government organisation gives guidelines and death will trigger involvement. The coroner decides when a body is released, scope of inquiry, witnesses and questioning, conclusion and draws lessons. They establish facts about death. No one is on trial, there is no reward of costs, and no right to appeal except judicial review. The conclusion is in short and a narrative

15

what is the significance of inquest?

the public and press are entitled to be present, the proceedings are recorded and for formality the evidence is given on oath or affirmation

16

what can form part of the conclusion?

only matters that caused or contributed to the death

17

what is the civil standard?

the balance of probability

18

what is the criminal standard?

beyond reasonable doubt - must be sure

19

which causes of death are more common for males?

industrial disease, open, suicide, drug or alcohol, RTC

20

what causes of death are more common for females?

natural causes

21

What causes of death are relatively equal for males and females?

accidental death

22

what is regulation 28?

a coroner has a duty to make a report if there is a further risk of deaths to prevent future deaths to an organisation or person who has the power to take action

23

what is unusual about regulation 28?

the person must respond to the report but is not required to take action

24

what does the coroners and justice act of 2009 state?

that coroners have no power to make recommendations

25

in the capacity of giving evidence what can witnesses of fact give?

they can tell what they saw or did

26

what can experts provide?

their opinions on matters within their field of expertise

27

with regards to conditions a patient may have, when should their death be referred to a coroner?

suicide or self harm and the mental health act, drug overdose

28

when should a death be reported by the coroner?

when there may be medical mismanagement, medical procedure, surgery or anaesthetic, could have been caused by self harm, termination of pregnancy, lack of care, within 24 hours of admittance to hospital, questioning if a child is stillborn, implanted medical device cause, unusual or disturbing features