POLICE, CORONER AND ATTENDING COURTAdministrative and Legal Issues 455injury, drowning, poisoning, surgery, abortion, infancy, neglect, negligence,
or patients in police custody or held in a menta l hospita l.2 Thus, virtually all patients brought in dead are reported to the coroner.
3 Any patient actually dying in the ED is also usually reported.
(i) This should be done whatever the time of day or night if there
were any suspicious circumstances, by contacting the local police
station (the police are very often involved anyway).
4 Therefore, t he ED doctor is rarely in a position to sign a deat h certif icate.
(i) However, try to contact the patient’s own doctor when death has
clearly occurred as a direct result of a known illness, to see if that
doctor is able to sign the certificate.
Attending an inquest or court
1 An inquest takes place in the coroner’s court. Although it is essentially a fact-
finding inquiry, not a trial, there is usually a mix of ‘inquisitorial’ and ‘adver-
sarial’ legal approaches. It is held in public, and the press may be present.
(i) The coroner’s office will inform you of the date, time and place
of the inquest. Make sure you tell your MDO that you have been
asked to attend
(a) legal representation may be arranged for you by your MDO
if, on discussion with them, they consider it appropriate.
(ii) Arrive punctually and dress suitably.
(iii) Take the medical notes and a copy of your statement with you.
Read both thoroughly beforehand several times so you have the
facts readily available.
(iv) Take the oath or affirmation, then the coroner will go through
your statement with you and ask questions.
(v) Your replies should be concise, clear and factual. Indicate
whether they are based on hearsay.
(vi) You may be examined following this, by any ‘properly interested
persons’ or usually their lawyer. You are not obliged to answer
any questions that may incriminate you.
(vii) The coroner’s officer will pay you the appropriate witness fee and
expenses after the inquest.
2 Follow the same sort of preparation for a civil court negligence trial, where
although using hearsay is admissible, the rules of evidence are based on the
‘balance of probabilities’.
(i) Make absolutely sure your MDO has been involved throughout.
3 Attending a criminal trial is exceedingly rare. Evidence must be ‘beyond all
reasonable doubt’. MDO and legal representation are essential.