The vast majority of deaths are not investigated but where the cause of death is unclear, where the death has resulted from an accident at work or an industrial disease or there is some question about the medical treatment of the deceased, then coroners inquests will usually be held.
An inquest is a public hearing held in court by a coroner, who may be medically or legally qualified. Prior to the hearing a pathologist will carry out a post-mortem in order to assist in determining the cause of death, and relatives cannot refuse to consent to such an investigation.
It usually takes several months following a death before an inquest the purpose of which is to establish the following;
- The identity of the person who has died
- The date and time of death
- The location of the death
- The cause of death
At coroners inquests evidence is heard from the family of the deceased and also the doctors involved in any medical treatment. A lawyer will usually represent the Trust responsible for the hospital where the death occurred if the medical care is likely to be criticised. The family of the deceased can question the witnesses without legal representation, but many prefer to instruct a solicitor to assist them as it can be intimidating.
At the conclusion of the inquest a verdict is given regarding the cause and nature of the death. Sometimes juries are used, and in such cases it is the jury who makes the final decision and returns the verdict.
Legal Representation
Although it is not essential for a family to be represented by a lawyer many choose to have legal representation, and JMW Medical Negligence Solicitors have in the past assisted many families with what can be a daunting experience. Your solicitor will obtain and examine the medical records, identify and ask relevant questions and ensure that the family’s concerns are addressed. In the past legal aid was not available but now it is sometimes possible to obtain public funding.
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