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The use of personal health information in the coroner's inquiry
1Wales Institute of Forensic Medicine, Cardif.
Insights
Pathologists should not determine the cause of death at coroner inquests. Medical records are not automatically available, and oral evidence from note-makers is preferred for disputed circumstances.
Area of Science:
- Forensic Pathology
- Medical Law
Background:
- Pathologists appointed by coroners often review medical notes and provide a cause of death.
- This practice may not align with the legal framework of coroner's inquests.
Purpose of the Study:
- To clarify the pathologist's role in coroner's inquests.
- To define the appropriate presentation of medical information during inquests.
Main Methods:
- Analysis of the legal position regarding coroner's inquests.
- Examination of the pathologist's responsibilities in interpreting medical evidence.
Main Results:
- Coroners do not have automatic access to medical notes.
- Oral evidence from medical professionals is the appropriate method for presenting clinical information, especially in disputed cases.
- Pathologists should refrain from stating the cause of death when interpretation of clinical history or circumstantial evidence is required.
Conclusions:
- The court, after hearing all evidence, should determine the cause of death.
- Pathologists' role is to present findings, not to make the final determination of cause of death in disputed inquests.
Abstract:
A pathologist appointed by the coroner may feel that his or her role is to review the medical notes, perform a post-mortem, examination and then interpret the findings in the light of clinical information and any other information received from the coroner, and include in the clinico-pathological summary a cause of death. We believe that such an approach is not in accordance with the legal position relating to coroners' inquests. The coroner has no automatic right to see the medical notes (and neither does the coroner's pathologist); where there is, or may be, dispute as to the circumstances leading to death, the proper way for information in the medical record to be presented at the coroner's inquest is for the maker of any note to give oral evidence. Where the cause of death requires interpretation of the clinical history or knowledge of any circumstantial evidence, a pathologist should refrain from giving a cause of death; such a task is for the court, having heard all the evidence-medical or not-relating to the death.