The World Health Organisation (WHO) describes sudden natural death as ‘death within twenty four hours of the onset of symptoms’ (Payne-James et al. 2011, 54). However in reality sudden death can occur within minutes or even seconds of many symptoms. The investigation of sudden natural deaths is vital to establish the cause is due to natural causes rather than criminal or medical negligence where a trial and prosecution may be necessary. This essay reviews the roles of the Procurator Fiscal and the forensic pathologist in relation to sudden death and looks at two common natural causes of sudden death; pulmonary embolism and cerebrovascular disease and how they might be identified by post-mortem investigation.
The role of the Procurator Fiscal is to oversee the investigation of all deaths deemed sudden or unexpected, occurring under suspicious circumstances, in a violent manner, or in custody (Medical Protection Society 2013). The main objective is to find the cause of death through examination of all the collected evidence. The Procurator Fiscal can then decide whether a criminal prosecution or Fatal Accident Enquiry should be carried out (Medical Protection Society 2013). However, if the sudden death is due to natural causes then declaration of sudden death avoids wrongful prosecution and brings the case to a conclusion providing closure for the family and friends of the deceased.
Deaths are reported to the Procurator Fiscal usually by either the police or by doctors who are unable to issue a death certificate, henceforth further investigation is required (Medical Protection Society 2013). The Procurator Fiscal then decides if a post-mortem is required to identify and confirm the cause of death. Seventy percent of deaths report...
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...der to detect any blood clot within the blood vessels of the brain. If found then this would most likely be described as the mechanism of death. Figure 2 shows a cross section of a brain that has suffered from CVD.
To summarise, sudden death arising from natural causes must be carefully investigated in order to identify the precise mechanism of death and to eliminate any suspicion that the death may have been caused unnaturally. The investigation usually involves a post-mortem which is performed by a forensic pathologist in order to reveal the exact cause of death. This process is important in that it should inform the family of the deceased with the cause of death and perhaps significant information relating to hereditary disease. The role of the Procurator Fiscal and forensic pathologist are vital to ensure the issue of a correctly completed death certificate.
Crown must prove the causation of death in order for the charge of murder to be made out. Since, without full awareness of the cause of the death the Crown will have no ability in deciding on to whom and what murder charge should be
... death (as in the case of Hillsborough).In addition to this, section 4 (2) of same act also state that the Senior Coroner is required as part of the investigation to hold an Inquest into the deaths of victims if the result of the death was unknown and unnatural.
There are two things in life that are inevitable: death and taxes. The coroner system was founded upon both of those undeniable facts of life. The kings of the middle ages initially created the position of a coroner to investigate the suspicious deaths of people and also to collect the death tax on the deceased’s estate. In the United States, we have two positions that work in the field of death investigating, obviously the coroner and the medical examiner. These positions are widely different in how they run.
However, the framework in practice is very complex, and has various inconsistencies, such as the legality of refusing treatment, the sovereignty of a living will and the issue of prosecuting those who assist someone to end their lives. There is evidence that shows doctors using palliative sedation as a means to facilitate death in patients that are in extreme pain and the use of limiting or even stopping treatment at the patient’s request is not uncommon. The difficulties of putting the law into practice make it extremely difficult for courts, legislators and doctors to reach clear decisions on individual cases. Therefore, the inconsistencies in the legal framework need to be addressed, as with these present the argument against legalising the right to die is weakened. Legalising assisted dying would simplify the framework and ensure that set barriers and safeguards could be created in order to protect the patient and his/her
Player: case report and emerging medicolegal practice questions. Journal of Forensic Nursing, 6(1), 40-46. doi:10.1111/j.1939-3938.2009.01064.x
Paulson, George. "Death of a President and his Assassin—Errors in their Diagnosis and Autopsies." Journal of the History of the Neurosciences 15.2 (2006): 77-91. Academic Search Premier. EBSCO. Web. 28 Apr. 2011.
In the case of Mr. B’s, an investigation into the events surrounding to and leading up to his untimely death would be required. Once the problem has been identified and described, data of events are collected and formatted into a timeline. From the events, any problems in the care of the patient which may have contributed to the end result are identified and determined whether they are causative. In appendix A, the timeline of the event is outlined.
The term forensic toxicology is defined as examination of all aspects of toxicity that may have legal implications (James & Nordby, 2009 p. 61). In the past, poisoning was one of the most popular forms of murder. There are countless natural substances in the world that when ingested into the body in high doses, can become lethal to the human body. What made this form of murder so famous is that most poisons mimic common medical diseases, leading physicians to believe a victim died of natural causes (Ramsland, n.d.). Aside from murder, this forensic discipline is also essential for determining accidental deaths and suicides.
On the morning of May 17th, 2005, Nola Walker was involved in a two-car collision. Police and Ambulance were dispatched and arrive on scene at the intersection of Kenny and Fernley Street. Ambulance conducted various assessments on Ms. Walker which revealed no major injuries and normal vital signs. Mrs walker denied further medical investigation and denied hospital treatment. Later on, Queensland police conducted a roadside breath test that returned a positive reading, police then escorted Ms. Walker to the cairns police station. Ms. Walker was found to be unconscious, without a pulse and not breathing. An ambulance was called but attempts to revive her failed (Coroner’s Inquest, Walker 2007). The standard of Legal and ethical obligation appeared by paramedics required for this situation are flawed and require further examination to conclude whether commitments of autonomy, beneficence, non-maleficence and justice were accomplished.
2. Kirsch, Laura. “Diagnosis: DEATH.” Forensic Examiner 15.2 (2006): 52-54. Criminal Justice Periodicals. ProQuest. USF Mears Library, Sioux Falls, SD. 24 Apr. 2008 http://www.proquest.com/
There are two methods of carrying out euthanasia, the first one is active and the second one is passive. Active euthanasia means the physicians deliberately take actions which cause the death of the patients, for example, the injection of sedatives in excess amount. Passive euthanasia is that the doctors do not take any further therapies to keep the ill patients alive such as switching off the life supporting machines [1]. This essay argues that the legalization of the euthanasia should not be proposed nowadays. It begins by analyzing the problem that may cause in relation to the following aspects: ‘slippery slope’ argument, religious view, vulnerable people and a rebuttal against the fair distribution of medical resources. This essay concludes that the legalization of the voluntary euthanasia brings more harm than good.
Kemp, J. S. et al. Unintentional Suffocation by Rebreathing: A Death Scene and Physiologic Investigation of a Possible Cause of Sudden Infant Death. Journal of Pediatrics. 1993;122:874-880.
The debate over whose decision it is to uphold a human life is one with a vast range of opinions. Some believe it should be up to God, whereas others assert that it is the right of an individual; however, the ultimate verdict rests in the hands of the government. When tragedy leaves a victim in critical condition with no assurance of recovery, circumstances do not allow for a straightforward action plan. In any state of affairs, it is optimal to continue the life of a patient, even if it seems as though the ideal solution is death. Medical practitioners, relatives, and patients themselves do not deserve the pressure to decide this grave fate. The choice between life and death should not exist. Every human is entitled to the right to live, and
The subject of death and dying is a common occurrence in the health care field. There are many factors involved in the care of a dying patient and various phases the patient, loved ones and even the healthcare professional may go through. There are many controversies in health care related to death, however much of it roots from peoples’ attitudes towards it. Everyone handles death differently; each person has a right to their own opinions and coping mechanisms. Health care professionals are very important during death related situations; as they are a great source of support for a patient and their loved ones. It is essential that health care professionals give ethical, legal and honest care to their patients, regardless of the situation.
President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. Defining Death: A Report on the Medical, Legal and Ethical Issues in the Determination of Death. Washington, D.C.: U.S. Government Printing Office, 1981.