Coroners Inquests
In most cases of death a GP or hospital doctor will issue a Medical Certificate of the Cause of Death which is sent to the Registrar of Births and Deaths who will then issue a Death Certificate. It is the Coroner's duty to inquire into deaths reported to them which appear to be violent, unnatural, or of a sudden and unknown cause. The purpose of a Coroner's inquest is to seek to determine who has died and how, when and where the death occurred.
Prior to the inquest the body of the deceased will undergo a post-mortem examination by a pathologist who will attempt to determine the cause of death. The next-of-kin are entitled to be represented at the examination by a doctor of their choice. Copies of the post-mortem report are normally available to certain relatives.
The Coroner will then formally open an inquest. Proceedings are normally adjourned for further investigations which will include obtaining witness statements from health professionals involved in the deceased's care.
The inquest is a public hearing held in a court of law and is conducted by the Coroner. The Coroner is prevented by law from seeking to establish blame on the part of any individual. In the vast majority of cases no jury will be present.
The Coroner has discretion to call witnesses who have provided written evidence. The witnesses will first be questioned by the Coroner. "Properly interested parties" can then put questions to the witnesses but are prevented from asking questions which may lead to self-incrimination on the part of the witness unless the Coroner determines that the question raises relevant issues. The definition of "properly interested parties" includes a parent, spouse, civil partner or legal personal representative of the deceased.
The inquest is often a highly emotional experience for relatives of the deceased. It is also unlikely that relatives will know the correct procedure for questioning witnesses. This can sometimes lead to a feeling that their concerns have not been adequately addressed during the inquest procedure.
In a medical negligence claim concerning the death of a patient the claimant's solicitor or lawyer will need to establish the cause of death. Appointing a legal representative to attend the inquest will ensure not only that your questions are put to the witnesses but also that the information relevant to a potential negligence claim is obtained through appropriate questioning.
JMW Solicitors LLP offers a fixed fee service for legal representation at an inquest. The fee includes procedural advice, reviewing medical evidence, liaising with the Coroner and other parties and appointing Counsel to represent your interests at the inquest.
We can offer inquest representation at Coroners Courts throughout England and Wales. Contact us by ringing on 0845 872 6666, or completing an enquiry form for an initial free telephone discussion.
