Inquests & Medical / Hospital Care

An inquest does not automatically happen in the event of a death.

The Coroners Act 1962 outlines the circumstances where an inquest may be required.

Following the passing of a person while in medical care, there are circumstances where an inquest may be needed. This can include, for example, if the persons passing occurred in an unnatural manner or due to unexpected or from unknown causes.

There can be confusion between an autopsy (or Postmortem) and an inquest.

An autopsy is commonly carried out when a death is unexpected. It will usually not be performed, for example, on an elderly patient residing in a nursing home. It will however be carried out if a young person collapses and dies while out jogging.

It is a medical examination of the body carried out by a pathologist and if this establishes the cause of death, then an inquest is not required.

An inquest, on the other hand, is a public legal inquiry led by a Coroner into the cause of sudden, unexplained our violent death. Often the corner sits with a jury.

The coroner can make findings as to:

1. The identity of the deceased
2. How, when and where the death occurred and
3.  The circumstances surrounding the death.

As a rule, if the family attend the inquest, they do not need legal representation. However, if it is likely that legal proceedings will be taken by their family after a death, then they should ask a solicitor to attend the inquest and take notes.

What are the steps involved in an inquest?

When a death is sudden, unnatural, violent, or unexplained, the death has to be reported to the coroner and in due course he carries out an inquest quite often sitting with a jury.

The coroner has to notify family members and relevant witnesses to attend the inquest.

All inquests are public, and anyone can attend unless the coroner has particular reason for restricting access.

Why is a jury needed at some inquests?

 In the following circumstances, the coroner will sit with a jury:

1.  In case of murder or manslaughter.
2.  A prison death
3.  Death due to poisoning or a disease notifiable to the public health authority
4.  Death occurred in circumstances likely to continue to be a danger to the public.
5. When the coroner considers it necessary.

If the jury of 6–12 persons cannot agree on a verdict then the coroner must accept a majority decision.

Witnesses called by the coroner could come from the medical or technical communities or just be family members.

The coroner does not attach civil or criminal liability at an inquest. He simply provides a verdict, when the proceedings are finished, as to the identity of the deceased and how, when and where the death occurred. Typically, the verdicts reached fall under these categories:

1. Accidental death 
2. Misadventure
3. Suicide 
4. Natural causes
5. Unlawful killing
6.  Open Verdict 

An open verdict suggests that the evidence failed to establish fully or explain the cause and circumstances of the death.

The coroner or jury can often make general recommendations to prevent similar deaths occurring while suspending judgement on whose fault the death was. You often see these recommendations published in the papers, for example, when a death occurs on an open pier or a cliff top. A death certificate will issue in due course following completion of the inquest.

Examples of what can occur if something goes very wrong in a hospital context leading to a travesty, can be either a failure to manage treatment / care, diagnosis delay, failure to address symptoms, failure to refer a specialist, failure to adequately assess the issue, causing the untimely death itself.

Family members justifiably want answers and then accountability if such a scenario arises, but an inquest can seek to address the causes to get some answers for a grieving family.